Indian Penal Code, 1860, Section 304A, 279, 337, 338 -- Rash and negligent driving - Rashness implies the speed which is unwarranted - Whereas act of negligence involves not taking proper care and attention while driving...........
Indian Penal Code, 1860, Section 304A, 279, 337, 338 -- Rash and negligent driving - Evidence of PW1 not corroborated by any evidence - Neither I.O has prepared a map/rough sketch nor trial Court has taken pains in recording directions correctly in evidence - Police patil is not eye witness to the incident as evidence is only relevant to what he has seen after the incident..........
Indian Penal Code, 1860, Section 279, 304A, 337 -- Rash and negligent driving - Fact that offending vehicle struck standing vehicles is itself sufficient to establish rashness and negligence - Death of two persons caused on account of such rash and negligent driving of accused and he has been duly and properly identified by witnesses - Accused rightly convicted...........
Indian Penal Code, 1860, Section 279, 304A, 337 -- Rash and negligent driving - Death of two persons - Accused was duly identified by complainant at the spot when he fled away leaving damaged offending vehicle - Owner of offending vehicle stated in his statement recorded u/s 161 Cr.P.C that accused was driver of offending vehicle though he resiled from his statement while..........
Indian Penal Code, 1860, Section 279, 304A, 337 -- Rash and negligent driving - Reduction of sentence - It is a case of two deaths and benefit of reduced sentence has already been accorded to accused - Reduction of sentence not warranted...........
Criminal Procedure Code, 1973, Section 227, 482, Indian Penal Code, 1860, Section 269, 270, 274, 337, 338, 304 -- Discharge - Offence u/ss 269, 270, 274, 337, 338, 304(Part I)PC - Main accused already discharged - Applicant merely advising to transfuse the blood collected from the Blood Bank of main accused and as such applicant has no role to play except to transfuse the..........
Indian Penal Code, 1860, Section 279, 304A, 337 -- Rash and negligent driving - Merely because witness did not state that accused was driving in a rash and negligent manner would not be a ground to acquit accused, particularly when circumstances of a case would establish that accused was driving in a rash and negligent manner...........
Indian Penal Code, 1860, Section 279, 304A, 337 -- Rash and negligent driving - Accused was driver of offending vehicle which was driven rashly and negligently, struck the motor cycle of injured and deceased leading to death of deceased and injuries to PW3 - Offence having been clearly established from version of eye witnesses as also material on record - Accused rightly..........
Indian Penal Code, 1860, Section 279, 337, 338 -- Accident - Rash and negligent driving - Reduction of sentence - Accused has undergone total sentence of 5 months and 12 days - He is first time offender and he is only bread earner of family - Accused has faced agony of trial for a considerable long period - Moreover, it is a case of injury sustained in the accident -..........
Indian Penal Code, 1860, Section 279, 304A, 337 -- Rash and negligent driving - Complainant who was pillion rider also suffered injuries, did not support prosecution case and resiled from his previous statement - Eye witness of case turned hostile - Other four eye witnesses of incident not examined and no explanation given for the same - Prosecution failed to prove its..........