Showing : 51-60 of 337 Results

HIMACHAL PRADESH HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 279, 304A, Evidence Act, 1872, Section 102-- Accident - Rash and negligent driving - Eye witnesses not supported the prosecution case - Prosecution failed to prove that it was accused and accused alone who was driving the vehicle at the time of accident - Merely because accused was engaged as a driver of offending vehicle, ipso facto cannot..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 279, 304A, Evidence Act, 1872, Section 102-- Accident - Rash and negligent driving - Onus to prove - Prosecution failed to prove that it was accused who was driving the offending vehicle at the time of accident - When defence of accused was that he was not driving the vehicle at the time when accident took place, in such situation, onus was..........
KERALA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 300, Indian Penal Code, 1860, Section 304A, 279, 338, Constitution of India, 1950, Article 20(2)-- Double jeopardy - Initially offence registered u/s 379 IPC, but subsequently due to death of victim case registered u/s 304-A IPC - Offence u/s 379 IPC is distant and separate from offence u/s 304-A IPC though second offence arise out of consequences of first offence - Registration of second..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 304A-- Medical negligence - Death of patient - Error in judgment of doctor - Does not come within rash and negligent act contemplated u/s 304-A IPC - No offence made out against doctor - Proceedings qua doctor quashed...........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 304A, 279, 337-- Rash and negligent driving - Collusion between bus and jeep - Six persons died in the accident - Bus was driven on the correct side of road - There was enough space for the jeep to pass - Statements of DWs who were sitting in the bus shows that bus was being driven slowly as just prior to accident..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 354, Constitution of India, 1950, Article 137, Indian Penal Code, 1860, Section 304A-- Reduction of sentence - Principle of parity - Uphaar Cinema Tragedy - In the instant case, appellants, licensee and person actually running cinema and all are equally responsible for tragedy - However, sentence of licensee reduced to period already undergone by considering his age related ailments..........
KERALA HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 304A-- Medical negligence - Negligence in detecting death of foetus - Death of foetus not detected during clinical examination - Due attention and care required not given - However, this is not a reason for criminal prosecution for an offence u/s 304-A IPC as it is not a case of prosecution that accused..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 279, 304A-- Rash and negligent driving - Conviction - Compromise - Death of a young boy - A serious offence - However, in view of compromise by aggrieved family with accused sentence reduced to period of imprisonment already undergone subject to payment of fine imposed of Rs.5,000/-...........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 279, 304A, 337-- Rash and negligent driving - Accused convicted only on the basis of application in which he pleaded guilty - However, same is not available on record and was not even put to accused u/s 313 Cr.P.C. - Conviction solely on the basis of said application cannot be sustained - Moreover, evidence on..........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 302, 304A-- Nature of offence - Incident occurred in the dark night - Accused unable to visibly identify any human form ahead and fired from out of a zeal to scare the thieves which unfortunately hit the deceased - Fact that accused may be cautioned not to have shot because the risk existed of shot hitting to..........

Showing : 51-60 of 337 Results