DELHI HIGH COURT
Year of decision: 2011
Details
Indian Penal Code, 1860, Section 279, 337, 304A, Criminal Procedure Code, 1973, Section 313, Motor Vehicles Act, 1988, Section 133-- Rash and negligent driving - Identification of accused - Prosecution story that a truck came in a very rash and negligent manner - Hit against a scooter - Caused simple injuries to driver of scooter - Resulted in death of pillion riders - Eye-witness admitted that he identified accused in police..........
DELHI HIGH COURT
Year of decision: 2011
Details
Indian Penal Code, 1860, Section 304A, 279, Criminal Procedure Code, 1973, Section 265G-- Rash & negligent driving - Reduction of sentence - Trial court convicted accused and sentenced him to 6 months SI and to pay a fine of Rs.5, 000/- - Accused a first time offender - He has adequately compensated victims to their satisfaction - He is also the only bread earner for his two minor..........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2011
Details
Indian Penal Code, 1860, Section 279, 337, 304A-- Death by rash and negligent driving - Accused while driving Canter, allegedly dashed against victim girls causing death of one and injuries to another - Test identification parade not conducted in course of investigation of case - However, complainant, during trial testified that accused alighted..........
JHARKHAND HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 154, 162, 173(2)-- Second FIR - Maintainability - Motorcycle rider succumbed to his injuries in accident caused by rash and negligent driving of Maruti Van - FIR registered against driver of Maruti Van under Sections 279/337/338/304a Indian Penal Code - Subsequent, FIR also registered under sections 414/34 of Indian..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2011
Details
Indian Penal Code, 1860, Section 304A-- Rash and negligence act - Death - Nexus between - Held, there must be direct nexus between rash and negligent act and death of deceased - In other words, it is not enough for prosecution to show that accused's action was one of causes for death of deceased - It must show that death is a direct..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2011
Details
Probation of Offenders Act, 1958, Section 4(1), Indian Penal Code, 1860, Section 304A-- Probation - Accused convicted and sentenced to one year RI u/s 304-A IPC - Accused not a hardcore criminal - Sending him to jail in the company of criminals not desirable - One opportunity to reform by releasing on probation ordinarily should be granted - Held, petitioner be released on probation..........
RAJASTHAN HIGH COURT
Year of decision: 2010
Details
Indian Penal Code, 1860, Section 304, 304A-- Scope - Element of knowledge is common in S.304 and S.304-A IPC - However the extent and ambit of `knowledge' differs in its nature - Element of `knowledge' should not lead to any confusion between the scope of S.304 and 304-A IPC...........
RAJASTHAN HIGH COURT
Year of decision: 2010
Details
Indian Penal Code, 1860, Section 304, 304A-- Distinction between S.304 & S.304-A IPC - Element of knowledge is common under both the provisions but extent and ambit of such knowledge is different - Knowledge coupled with ignorance of consequences would amount to negligence but act done without knowledge would fall u/s 304-A IPC - Charge u/s..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Indian Penal Code, 1860, Section 304A, 338-- Death due to rash and negligent driving by accused - Accused convicted and sentenced to undergo RI for one year - Probation sought on the ground that incident was 17 years old and accused was sole bread earner of the family - Held, Court should not as a normal rule extend benefit of probation to a..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Indian Penal Code, 1860, Section 304A, 279-- Accident - Accused charged u/ss 279 and 304-A IPC - Ruqa clearly confirmed the presence of complainants at the spot - Mere fact that complainant did not give the complete number of the bus in his statement does not belie the prosecution version particularly when he has duly identified the bus in..........