Indian Penal Code, 1860, Section 304A, 279, Probation of Offenders Act, 1958, Section 4 -- Rash and negligent driving - Death of boy aged 17 years - Accused faced protracted trial for 16 years - Probation refused - Grant of probation will encourage every driver to indulge into rash driving resulting into accidents, thereby putting end to valuable lives...........
Indian Penal Code, 1860, Section 279, 304A -- Rash and negligent driving - Complainant not supporting prosecution case - By itself not sufficient to cast doubt on the case - Cogent and reliable and trustworthy evidence of eyewitnesses cannot be discarded merely on the ground that there are minor and insignificant contradictions - Order of conviction upheld...........
Indian Penal Code, 1860, Section 279, 304A -- Rash and negligent driving - Death of child aged 7 years - Protracted trial for 15 years - No ground to reduce the sentence as on account of rash and negligent act of accused life of child aged about 7 years was lost...........
Indian Penal Code, 1860, Section 304A -- Death by negligence - Provision of S.304-A IPC applies to rash and negligent acts and does not apply to cases where death has been voluntarily caused...........
Indian Penal Code, 1860, Section 304A -- Death by negligence - A negligent act is an act done without doing something which a reasonable man guided upon those considerations which ordinarily regulate the conduct of human affairs would do or act which a prudent or reasonable man would not do in the circumstances attending it - A rash act is a negligent act done..........
Indian Penal Code, 1860, Section 304A -- Rashness and negligence - Culpable rashness or negligence depends directly on the question as to what is the amount of care and circumspection which a prudent and reasonable man would consider to be sufficient considering all the circumstances of the case - Criminal rashness means hazarding a dangerous or wanton act with the..........
Indian Penal Code, 1860, Section 304A -- Negligence - Liability under criminal law - Degree of negligence is to be higher than that under civil law - While under civil law it is enough to prove that doctor did not exercise reasonable care while under criminal law it must also be proved that this negligence was gross amounting to recklessness...........
Consumer Protection Act, 1986, Section 2(1)(g) , 13, Penal Code, 1860, Section 304A -- Medical negligence - Complaint regarding - Criminal complaint - Procedure - Before issuing notice to the doctor or hospital against whom the complaint was made the Consumer Forum or Criminal Court should first refer the matter to a competent doctor or committee of doctors, specialized in..........
Indian Penal Code, 1860, Section 304A, Criminal Procedure Code, 1973, Section 482 -- Medical negligence - Two views by medical experts - One view that there was negligence and another view that there was no negligence - Which opinion would ultimately prevail is essentially a question to be determined by trial Court after evidence is led by both the parties at the trial -..........
Criminal Procedure Code, 1973, Section 482, Penal Code, 1860, Section 304A -- Quashing proceedings - Medical negligence - Death of child - Two sets of opinions; one in favour of the complainant and another in favour of the appellants - Which opinion would prevail is essentially a question to be determined by the learned Trial Judge upon considering the evidence adduced by..........
