Showing : 91-100 of 318 Results

ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 279, 304A, 338-- Rash and negligent driving - Non-examination of I.O - All PWs proved the factum of death of deceased due to rash and negligent driving of accused - Involvement of accused in committing the crime is clearly establishes - Non-examination of I.O not caused any prejudice to accused and is not fatal to..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 304A-- Rash and negligent driving - Investigating Officer of case not examined - Site plan of place of occurrence and other important documents remained unproved - No other witness examined by prosecution except one PW2 who was sitting behind the driver's seat with his face backwards and that being so,..........
UTTARAKHAND HIGH COURT
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 304A-- Death due to negligence - Incident occurred due to burst of gas cylinder - Accused filled 6 kg and 200 gms of LPG in petromax gas cylinder, having capacity of 4 kg - Victim when ignited the cylinder in his dhaba, it burst, causing burn injuries to several persons including death of victim -..........
UTTARAKHAND HIGH COURT
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 304A-- Death due to negligence - Reduction of sentence - Benefit of probation not granted - However, sentence reduced from 2 years R.I to 1 year R.I but fine of Rs.5000/- shall remain same...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 279, 304A-- Rash and negligent driving - Conduct of accused - Accused driver of bus took the victims in his own bus to hospital - He did not try to run away from the spot - This immediate conduct of petitioner is a relevant fact - That rules out his guilty mind - Accused acquitted...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 279, 304A-- Rash and negligent driving - Accused while driving bus hit the scooterist as a result victim who was driving scooter died on spot - Wife and children of deceased were got admitted in hospital by accused himself - Delay of one day in lodging FIR - Wife of deceased not examined - I.O failed to..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 304A-- `Rash' and `negligent' - Difference between - Rashness means where the actor foresees possible consequences, but foolishly thinks they will not occur as a result of his act - Negligence has been understood to be an omission to do something which a reasonable man guided upon those considerations..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 304A-- Negligence - Held, essence of negligence whether arising from an act of commission or omission lies in neglect of care towards a person to whom defendant or accused as the case may be owes a duty of care to prevent damage or injury to property or person of victim - Existence of a duty to care is..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 304A-- Criminal negligence - Nature of - Held, prosecution has to establish that negligence with which accused is charged is `gross' in nature - What is `gross' would depend upon fact situation in each case and cannot, therefore, be defined with certitude...........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 304A-- Criminal negligence - Doctrine of causacausans - Held, for an offence u/s.304-A to be proved it is not only necessary to establish that accused was either rash or grossly negligent but also that such rashness or gross negligence was causacausans that resulted in death of victim - Causacausans..........

Showing : 91-100 of 318 Results