Indian Penal Code, 1860, Section 304A -- Rash and negligent driving - Heavy vehicles should not be condemned always for rash and negligent driving - Guidelines laid down for IO's regarding investigation in such cases...........
Indian Penal Code, 1860, Section 304A -- Medical negligence - Patient went to a doctor who referred the case to another Hospital as equipment for his treatment was not available with him - Patient died - Medical Board exonerated the doctor - Held, that what may be negligence in civil law may not necessarily be negligence in criminal law - For attraction of S.304-A element..........
Indian Penal Code, 1860, Section 304A -- Rash and negligent driving - Driving a vehicle at a high speed cannot be said to be rash or negligent, unless it is explained as to in what manner it was rash or negligent...........
Indian Penal Code, 1860, Section 304A -- Rash and negligent driving - High Speed - Driving a vehicle at a speed of 100 km per hour - Cannot be said to be high speed - Speed could be assessed as high, if it exceeds the limit of 100 km. per hour...........
Indian Penal Code, 1860, Section 304A -- Rash and negligent - Meaning - 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 -- Death by rash and negligent driving - Bus driven enormously at a high speed near a school and death caused of a 10 year boy - Conviction u/s 304 Part II IPC on the ground that when accused was driving bus at enormous speed near a school and acted with knowledge that it was likely to cause death - Appropriate conviction is u/s 304-A..........
Indian Penal Code, 1860, Section 304A -- Intention and knowledge to cause death - When any of these two elements is found to be present, S.304-A has no application...........
Indian Penal Code, 1860, Section 304A -- Provision applies to cases where there is no intention to cause death and no knowledge that the act done in all probabilities will cause death - It applies only to such acts which are rash and negligent and are directly the cause of death of another person - Rashness and negligence are essential elements - Doing an act with the..........
Indian Penal Code, 1860, Section 304A -- Rash and negligent driving - Truck stopped to carry passengers - Motor cyclist tried to cross the truck from behind - Truck moved and an angle attached on back side struck motor cycle and it fell down - Accused cannot be said to have driven his vehicle in rash and negligent manner - Conviction cannot be sustained...........
Indian Penal Code, 1860, Section 304A -- Medical negligence - Contention that petitioner kept on giving the routine medicines to patient and no tests were got conducted - Diagnosed correctly by petitioner who was a specialist in paediatrics and treatment by him of the patient for pneumonia - There is no opinion from the doctor that any of the medicines being prescribed by..........
