Indian Penal Code, 1860, Section 304A -- Medical negligence - Pre-mature baby expired within 24 hours of delivery - Matter should first be referred to a competent doctor or committee of doctors specialist in relevant field - When such a doctor or committee reports that there is prima facie case of medical negligence, only then notice should be issued to doctor or hospital..........
Indian Penal Code, 1860, Section 304A -- Medical negligence - Actionable under certain circumstances under law of tort - Stringent proof is required for criminal prosecution for medical negligence and such negligence cannot be presumed/inferred on certain irrational or bald allegations of complainant...........
Indian Penal Code, 1860, Section 304A -- Medical negligence - Order framing charges - Quashing of order - No allegation worth the name in the complaint that accused have done something which is not satisfying the normal prudence in the given circumstances or expected of a medical professional - Courts below committed error of law by framing charges against petitioners -..........
Indian Penal Code, 1860, Section 304A -- Rash and negligent driving - Fatal accident - Three persons died and four others injured - Evidence on record proves that accused was driving offending truck in a rash and negligent manner causing death of three persons and also caused injuries to four others - Identity of accused was successfully established by PWs - Evidence of..........
Indian Penal Code, 1860, Section 279, 304A, 338 -- Accident - Death of Motor biker in an accident with a cyclist - Offences u/ss 279, 304-A, 338 IPC lie against a cyclist - However, if a pedestrian is causing such an accident the offence u/s 279 IPC does not lie whereas other two offences lie...........
Indian Penal Code, 1860, Section 304A -- Rash and negligent act - Uphaar Cinema fire tragedy - Root cause of fire was 1000 KVA transformer installed within the Cinema premises - Fire caught the cinema building and due to inhalation of toxic gases most of spectators who had occupied the balcony seats collapsed as there is only one exit of balcony portion of cinema and the..........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 304A -- Sanction for prosecution - Medical negligence - Death of patient during performance of operation - Doctors were performing their public duties, as they were performing surgery on the patient in the Government hospital - Held, prosecution against appellants is not maintainable without..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 304A, 337 -- Summoning of additional accused - Rash and negligent driving - Merely because no claim petition has been filed against proposed accused, it cannot debar the prosecution to take action to avail remedy of S.319 Cr.P.C...........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 304A, 337 -- Summoning of additional accused - Rash and negligent driving - Fatal accident - Accident occurred due to rash and negligent act of petitioner as he had accidentally opened widow of Indica car, due to which, motorcycle of deceased struck with truck being driven in a rash and negligent..........
Indian Penal Code, 1860, Section 304A -- Medical negligence - Death of patient - Quashing of proceedings - Petitioner being a qualified doctor after examining and taking note of gravity of illness decided to adopt the invasive line of treatment - Patient was fully investigated before procedure was undertaken - No evidence on record to suggest that petitioner failed to..........
