Criminal Procedure Code, 1973, Section 300, Indian Penal Code, 1860, Section 285, 286, 337, 338, 304A, Factories Act, 1948, Section 92 -- Rash and negligent act by petitioner/occupier or Manager of factory resulting into death of worker - Petitioner has not been convicted and/or acquitted in either of case as Section 92 of the Factory Act do no prescribe punishment for..........
Indian Penal Code, 1860, Section 304A, 279, Probation of Offenders Act, 1958, Section 4 -- Accused convicted and sentenced to six months R.I. for causing death of a person by rash and negligent driving of bus - Incident 14 years old - Accused, a Govt. employee and was aged 32-33 years - Accused not a previous convict - Held, accused entitled for benefit of probation...........
Indian Penal Code, 1860, Section 304A,279 -- Death - Rash and negligent driving - Proof of - Without waiting for signal from conductor, appellant/driver started the bus - Passenger who was on rooftop for unloading his luggage fell down and succumbed to injuries - Held, for application of either S.279 or S.304-A it must be established that there was an element of rashness..........
Indian Penal Code, 1860, Section 304A, 279, 427 -- Accused convicted and sentenced u/ss 304-A, 279, 427 IPC - Accused seeking probation - Held, probation should not be granted in accident cases - Accused suffered protracted trial of 8 years - Sentence reduced to 9 months RI...........
Indian Penal Code, 1860, Section 279, 304A, 201 -- Rash driving - Prosecution witnesses stated that `J' was standing on the side of road - It has not been explained by accused under what circumstances, he came outside main road after leaving main road - Petitioner ran away from place of accident which indicates that he was guilty otherwise, there was no necessity for him..........
Indian Penal Code, 1860, Section 304A -- Causing death by negligence - Proof - Evidence on record shows that petitioner had driven vehicle in a rash and negligent manner, due to which vehicle fell in a ditch and in that process, deceased fell in between tractor and trailer and sustained injuries - The very fact that tractor fell in a road side ditch shows that vehicle was..........
Indian Penal Code, 1860, Section 304A -- Medical negligence - Complaint against a doctor - To entertain a complaint against a doctor (i) there should be prima facie evidence in the form of a credible opinion of another competent doctor to support the charge of rashness or negligence on the part of the accused doctor; (ii) I.O. before proceeding against the doctor should..........
Indian Penal Code, 1860, Section 304A, 279 -- Rash and negligent driving - Bus driven at a fast speed - Bus rammed into stationary truck - Death of truck driver - Eye witnesses testimony that bus was driven in a proper manner at a speed of 60/70 kms. - Truck was loaded with iron rods and was standing on roadside with no indicators to warn the incoming vehicles - No..........
Probation of Offenders Act, 1958, Section 4, Indian Penal Code, 1860, Section 304A, 279 -- Accused driving a bus and causing death of 26/27 years old young man by rash and negligent driving - Accused convicted and sentenced to 1 years and 2 months imprisonment - Accused released on probation by Appellate Court - High Court, in revision, set aside order of release by..........
Indian Penal Code, 1860, Section 304A, 279, Criminal Procedure Code, 1973, Section 320, 482 -- Compounding of offence - Accused caused death of a person by rash and negligent driving - Case registered u/s 304-A and 279 of IPC - Parties entered into compromise, though offence not compoundable - FIR quashed - Held, High Court has wide powers to quash the proceedings even in..........
