Indian Penal Code, 1860, Section 304A-- Rash and negligent driving - Death of daughter of complainant - Injured father the eye witness - Other eye witness turned hostile - Held, conviction can be based on the sole testimony of injured father which otherwise is credible - Witness being a close relative, cannot be called a partisan..........
Indian Penal Code, 1860, Section 304A-- Rash and negligent driving - Sentence of imprisonment reduced keeping in view the fact that revision petition is decided after a period of more than 14 years...........
Indian Penal Code, 1860, Section 304A-- Death by rash and negligent driving - Offending vehicle coming at a high speed, hit the cyclist and then the pedestrian (deceased) and thereafter drifting towards the nearby bush - Held, nature of accident will be enough to arrive at a conclusion that vehicle was driven rashly and negligently...........
Indian Penal Code, 1860, Section 304A-- Rash and negligent driving to overtake other vehicle - Accused took his vehicle completely on the wrong side of the road and dashed against the scooter coming from the opposite direction - Evidence of eye witnesses supported the fact that accused was rash and negligent in driving the vehicle -..........
Indian Penal Code, 1860, Section 304A-- Causing death by rash and negligent driving - Held, benefit of probation cannot be extended to the accused...........
Indian Penal Code, 1860, Section 304A-- Criminal negligence - Death due to drowning in swimming pool - Deceased himself surreptitiously and unauthorisedly entered pool which was meant for adult trained swimmer and drowned - No reliable evidence regarding any rashness negligence of any accused who were employed at swimming pool - Held,..........
Indian Penal Code, 1860, Section 304A-- Criminal negligence - Means gross and culpable neglect or failure to exercise that reasonable and proper care and precaution to guard an individual in particular against injury - Negligence is an omission to do something which a reasonable and prudent man guided upon those considerations which..........
Indian Penal Code, 1860, Section 304A, 337-- Medical Negligence - Death of woman due to rupture of uterus during delivery - Use of Pitocin injection by accused doctor was not unwarranted - Doctor attending the women himself took her to Govt. hospital for emergency treatment by making all necessary arrangements without wasting time - Woman..........
Criminal Procedure Code, 1973, Section 401, Indian Penal Code, 1860, Section 304A-- Revision against conviction - High Court in its revisional jurisdiction cannot re-appreciate and reappraise the evidence until and unless, it comes to the conclusion that the findings recorded by the trial Court are perverse, illegal and erroneous on account of misreading of evidence...........
Probation of Offenders Act, 1958, Section 4, Indian Penal Code, 1860, Section 304A, 279-- Rash and negligent driving - Accused causing death of two persons - Accused convicted and sentenced to 9 months imprisonment - Accused suffered protracted trial for 10 years - It is not a ground to release accused on probation or reduce the sentence...........
