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PUNJAB AND HARYANA HIGH COURT
Year of decision: 2005
Details
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 279, 304A-- Death by rash and negligent driving - Conviction - Fine amount already deposited - Accused in jail for one month and seven days - Sentence suspending and bail granted on furnished bail bond in the sum of Rs.25,000/- with two solvent sureties in the like amount each...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2005
Details
Probation of Offenders Act, 1958, Section 4, Indian Penal Code, 1860, Section 304A, 279-- Death by rash and negligent driving - Accused convicted and sentenced to 9 months RI and to pay to pay fine of Rs.500/- - Occurrence 17 years old - Accused now 62 years of age - Accused released on bail...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2005
Details
Indian Penal Code, 1860, Section 279, 304A-- Death by rash and negligent driving - Evidence of shop keeper whose shop located where accident took place - Not an interested witness - Totally impartial witness - Gave meticulous account of the occurrence - His statement alone is sufficient to hold the accused guilty...........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Indian Penal Code, 1860, Section 304A-- 'Gross' - In criminal law negligence or recklessness must be of such a high degree as to be 'gross' - Expression 'rash or negligent act' occurring in the provision has to be read as qualified by the word 'grossly'...........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Indian Penal Code, 1860, Section 304A-- Medical negligence - Prosecution of a doctor - To prosecute a medical professional for negligence under criminal law it must be shown that the accused did something or failed to do something which in the given facts and circumstances no medical professional in his ordinary senses and prudence..........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Indian Penal Code, 1860, Section 304A-- Medical negligence - Prosecution of doctors - Criminal rashness or criminal negligence is an ingredient - A private complaint not to be entertained unless a credible opinion is given by another competent doctor to support the charge of rashness or negligence on the part of the accused doctor -..........
DELHI HIGH COURT
Year of decision: 2005
Details
Indian Penal Code, 1860, Section 304A-- Rash and negligent act - Contract for construction of building given to a contractor - During construction, a worker died of falling from a wooden plank - Construction not done under direct supervision of accused and he was not at the site at the time of accident - No rash and negligent act..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2005
Details
Probation of Offenders Act, 1958, Section 4, Indian Penal Code, 1860, Section 304A-- Reduction in sentence - Death caused by rash and negligent driving - Conviction - Sword of conviction hanging on the head of accused for the last 14 years - This by itself is a punishment - Accused released on probation...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2005
Details
Indian Penal Code, 1860, Section 304A, 279-- Rash and negligent driving - Death of a cyclist - Accused stopped truck and fled away - Two independent witnesses saw the accused - Test identification parade not held - However, witnesses unerringly identified the accused in Court - Identity of accused also revealed from Registration certificate,..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2005
Details
Indian Penal Code, 1860, Section 279, 304A-- Rash and negligent driving - Acquittal - Revision against - Delay of 575 days - Delay not properly explained - Identity of bus driver not established - Once appeal by State against judgment of Magistrate is dismissed on merits, revision having been filed after inordinate delay, does not deserve..........

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