Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304, 304A, 279 -- Rash and negligent driving - Death of two persons - At this stage it is not possible to reach a positive conclusion that offence u/s 302 or 304 IPC is made out - Bail allowed...........
Indian Penal Code, 1860, Section 304A, 279 -- Rash and negligent driving - Death caused by truck - Driver fled away - Accused not named in FIR - Owner of truck hauled up as accused - No evidence that owner was driving the truck or any other driver - Identification parade not held - Identification of accused for the first time in Court is valueless - Order of acquittal..........
Indian Penal Code, 1860, Section 279, 304A -- Rash and negligent driving - Deceased was taking rest underneath the trolley when bus hit the tractor trolley and deceased came down under the tyre of trolley and died at the spot - Star witnesses did not say that accused was driving the bus rashly or negligently - I.O. not examined - Acquittal upheld...........
Indian Penal Code, 1860, Section 304A -- Rash and negligent driving - Truck hit the cyclist from behind as a result of which cyclist fell down with his head downwards and succumbed to his injuries - Truck driver sped away the truck from the place of occurrence and was arrested after 12 days of occurrence alongwith truck No.PJQ 3141 - Eye witnesses gave truck No.3141 -..........
Indian Penal Code, 1860, Section 304A -- Rash and negligent driving - Accused alleged to be driving bus in a rash and negligent manner and caused death of a person - Accused not named in FIR and both the eye witnesses had not seen him at the spot - Identification in the Court for the first time is no identification in the eye of law - Identity of accused thus not fixed -..........
Indian Penal Code, 1860, Section 304A -- Death by rash and negligent driving - Non examination of I.O. - Rough site plan not proved - Accused did not admit the accident - Held, non examination of I.O. assumes great importance - Benefit of doubt rightly extended to accused by trial Court...........
Indian Penal Code, 1860, Section 304A, 279 -- Reduction in sentence - Death by rash and negligent driving - Accused facing trial for 17 years - Accused was 25 years old at the time of occurrence - Sentence reduced to already undergone (One month)...........
Indian Penal Code, 1860, Section 304A, 279 -- Rash and negligent driving - Can be determined from the manner in which the accident took place...........
Indian Penal Code, 1860, Section 304A, 279 -- Truck hitting scooter from behind causing death of scooterist - Witness using the words High Speed instead of rash and negligent driving - It is not the case of the accused that scooterist applied brake all of a sudden and he was taken unaware which led the truck hitting the scooter from behind - Rash and negligent driving can..........
Indian Penal Code, 1860, Section 304A, 279 -- Rash and negligent driving - Death of two persons - Evidence of eye witnesses that accused was driving at a very high speed - Contention of accused that witnesses did not state that accused was driving in rash and negligent manner - Held, from the very incident it is proved without any shadow of doubt that accused was driving..........
