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...........
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'...........
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 would have done or failed to do - The..........
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 - I.O. before proceeding against doctor..........
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 attributable to him - No offence u/s 304-A..........
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...........
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, Insurance Cover and Driving..........
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 consideration - No infirmity in..........
Indian Penal Code, 1860, Section 304A, 279 -- Reduction in sentence - Rash and negligent driving - Conviction - Incident 13 years old - Accused was young at that time - Sentence reduced from 2 years to already undergone i.e. 1/1-2 months...........
Indian Penal Code, 1860, Section 304A, 279 -- Cyclist knocked down by speeding truck - Rash and negligent driving - Version of all witnesses contradictory to each other - Name of accused not mentioned in FIR - Presence of witnesses on the place of occurrence doubtful and based on suspicion only - No ground to interfere with judgment of acquittal passed by appellate Court...........
