Indian Penal Code, 1860, Section 304A, 279 -- Accident - Rash and negligent driving - Reduction of sentence - Offence does not involve moral turpitude - Incident occurred 20 years ago when accused was 27 years of age - It will be too harsh to send accused behind bars - Held, sentence reduced to period already undergone by accused - However, to meet ends of justice, fine..........
Indian Penal Code, 1860, Section 304A, 279, 337 -- Rash and negligence driving - To convict a person for offence u/s 304-A, there must be positive proof that act was done with conscious risk and consequence of death was likely to follow it - In the instant case, there is no material to show that accused was driving at a high speed with total disregard to life and safety of..........
Indian Penal Code, 1860, Section 304A, 279, 337, 338 -- Rash and negligent driving - Fatal accident - Three persons died and many others injured - - Eye witnesses of occurrence travelling in offending vehicle stated in one voice that accident occurred due to negligence of accused as he was trying to overtake another vehicle and lost control over the same, which ultimately..........
Indian Penal Code, 1860, Section 304A, 279, 337, 338, Probation of Offenders Act, 1958, Section 4 -- Rash and negligent driving - Fatal accident - Benefit of probation - Where there is overwhelming evidence to suggest that vehicle was driven by accused in most rash and negligent manner, no leniency can be shown to accused - Benefit of probation not granted to accused -..........
Indian Penal Code, 1860, Section 279, 304A -- Rash and negligent driving - Fatal accident - Contributory negligence - Incident occurred when offending vehicle was passing through the barrier admittedly head of deceased was protruding out of body of vehicle, struck with the pole of barrier and he fell down and died - Statements given by PWs are not sufficient to prove that..........
Criminal Procedure Code, 1973, Section 357(3), Indian Penal Code, 1860, Section 304A, 279, 338 -- Compensation - Offence u/ss 304-A, 279, 338 IPC - Grant of compensation with a direction that same should be paid to person who has suffered any loss or injury by reason of the act for which the accused has been sentenced has a different contour and the same is not to be..........
Indian Penal Code, 1860, Section 304A, 279, 338, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 304-A, 279, 338 IPC - Quashing of proceedings - Settlement arrived at between parties - However, proceedings cannot be quashed, as alleged offences cannot be treated as a private dispute between parties, so as to persuade Court to accept compromise and to quash..........
Indian Penal Code, 1860, Section 304A, 279, Motor Vehicles Act, 1988, Section 181 -- Rash and negligent driving - Modification of quantum of sentence - Keeping in view family situation, nature of crime and in the light of principles of Reformative theory of Criminal Jurisprudence, Court reduced sentence of imprisonment from one and half year to one year - With an..........
Indian Penal Code, 1860, Section 304A -- Medical negligence - Quashing of proceedings - Deceased died after giving birth to a male child under normal delivery - Condition of deceased deteriorate after delivery and she was referred to Government hospital for further management - Medical evidence on record shows that cervico vaginal injuries and hemorrhagic shock as..........
Indian Penal Code, 1860, Section 304A, 279 -- Fatal accident - Two vehicles involved in accident - A person sandwiched in between two vehicles on tarred portion of road when bus involved was reversing across the road - It may be unsafe to come to conclusion that there is criminal negligence on the side of driver of lorry when admittedly driver of bus involved was talking..........
