Showing : 1-10 of 74 Results

HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 279, 304A, 337-- Rash and negligent driving - Fatal accident - Tractor along with accused, deceased and eye witness rolled down for 10-15 feet - No injury sustained by accused as per prosecution - Fact that accused had not sustained any injury in accident seems improbable - Further, prosecution not offered any..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 279, 304A, 337-- Rash and negligent driving - Fatal accident - Eye witnesses to incident give divergent portrayal qua cause of accident - Even there are other auxiliary contradictions which render prosecution story tainted with doubts - Police recorded the statement of PW7/eye witness after delay of 6-7 days,..........
ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 279, 304A, 337, 338, 427-- Fatal accident - Discharge application - No evidence on record that vehicle in question was being driven on the date and time of alleged accident by accused - Even there is no other corroborative evidence on record against accused except extra judicial confessional statement of accused before I.O..........
KARNATAKA HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 279, 304A, 337, 338-- Rash and negligent driving - Fatal accident - Accident not occurred due to rash and negligent driving of accused - There were several potholes found on the road and due to that front wheel of offending vehicle (Maxi cab) was punctured and went on to left side of road and turtled as a result of..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 279, 337, 304A-- Rash and negligent driving - Fatal accident - Collusion between two trucks - Sudden breakdown vis-a-vis break pipe of offending vehicle is proved on record - Accused losing control over offending vehicle due to such mechanical breakdown - He was thus, not negligent while driving, as there was..........
GUJARAT HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 279, 337, 304A, 114, Criminal Procedure Code, 1973, Section 482-- Rash and negligent act - Death of 5 years old girl - Quashing of FIR - Mere fact that accused being father of deceased permitted his daughter to take her head out through the sun roof of car and her throat got slit by a string used for flying kite, by itself is not sufficient to bring case within..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 279, 337, 338, Motor Vehicles Act, 1988-- Rash and negligent driving - Specific evidence is required to be adduced on record by prosecution to prove rash and negligent driving, if any, on part of accused - Mere allegations are not sufficient to hold accused guilty of having committed alleged offences...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 279, 337, 338, Motor Vehicles Act, 1988-- Rash and negligent driving - Accused rashly and negligently driving motor cycle at the relevant time not proved by any of material PWs - None of PWs stated anything specific with regard to speed of motor-cycle, which dashed against bus - Specific evidence is required to be adduced on record by..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 279, 336, 337, 338-- Rash and negligent driving - Reduction of sentence - Petitioner already undergone imprisonment for 3 months and 1 day as against sentence of 2 years - He is first time offender and is facing agony of criminal proceedings since 2009 - There is no other case pending against him - Taking into account..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 304A, 279, 337-- Rash and negligent driving - Fatal accident - Eye witness of incident stated that accident took place due to rash and negligent driving of accused resulting in death of his brother on the spot - Testimony of eye witness is corroborated by medical evidence - Impact of accident was so intense that..........

Showing : 1-10 of 74 Results