Indian Penal Code, 1860, Section 279, 337, 338, 304A -- Rash and negligent driving - Reduction in sentence - Accused lost his control over the truck as it was driven in rash and negligent manner leading to death of five persons - Accused of young age and only earning hand in the family comprising his young wife, old and ailing parents - Maximum sentence of two years is on..........
Probation of Offenders Act, 1958, Section 4, Indian Penal Code, 1860, Section 279, 337, 338, 304A -- Rash and negligent driving - Death of five persons - In the matter of sentence approach should not be lenient...........
Indian Penal Code, 1860, Section 279, 337, 304A -..........
Indian Penal Code, 1860, Section 304A, Evidence Act, 1872, Section 9 -- Accident case - Court Identification - Instead of test identification parade - Propriety - Not a case where accused is shown to witnesses prior to his being identified in Court - Held, Court identification itself is good identification in the eyes of law - It is not always necessary that it must be..........
Indian Penal Code, 1860, Section 304A -- Negligence - Meaning of - (I) It means omission to do something which reasonable and prudent person guided by similar considerations would not do; (II) It is not absolute term but is relative one and rather a comparative term; (III) It is difficult to state with precision any mathematically exact formula by which negligence or lack..........
Indian Penal Code, 1860, Section 304A, Evidence Act, 1872, Section 3 -- Rash and negligent driving - Conduct of driver - Relevant factor - After accident, bus driver moved the bus away to different point - Held, if accused was innocent then he would have left vehicle at the place of accident to show that he was on his proper side for driving and jeep trying to overtake..........
Indian Penal Code, 1860, Section 304A -- Road accident cases - Concept of `culpable rashness' and `culpable negligence' - (A) `Culpable rashness' is acting with consciousness that mischievous and illegal consequences may follow but with hope that they will not and often with the belief that actor has taken sufficient precautions to prevent their happening - Imputability..........
Indian Penal Code, 1860, Section 304A, Evidence Act, 1872, Section 3 -- Accident case - Statement of witnesses - Credibility - Witnesses stated that accused was driving vehicle and after parking vehicle at a place away from place of occurrence, run away - No reason to disbelieve statements of these witnesses as fully supported by documentary evidence - Truthfulness of..........
Indian Penal Code, 1860, Section 304A -- Death due to medical negligence - Prosecution of Doctor - Held, for prosecuting a doctor for medical negligence there should have been collected materials showing not an ordinary negligence but a gross negligence committed by him - Before prosecuting a doctor for medical negligence before a criminal Court Investigating Officer..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 304A -- Death due to medical negligence - Prosecution of Doctor - Quashing of - Quashing of prosecution sought on the ground that there are two different opinions from two sets of Doctors - Held, High Court u/s.482 Cr.P.C. cannot make a roving enquiry so as to give a finding as to which among two..........
