Showing : 21-30 of 162 Results

HIMACHAL PRADESH HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 279, 337, 338, Motor Vehicles Act, 1988, Section 181-- Rash and negligent driving - Collusion of bus and jeep - Injuries caused to passengers of bus - Author of site plan not examined - Prosecution witness in cross examination stating that for exculpating guilt of complainant, `false case' foisted upon accused - Failure of prosecution to prove guilt..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 279, 304A-- Rash and negligent driving - Prosecution failed to prove that accused was driving vehicle rashly and negligently and in high speed - Two different probabilities available on record i.e one on side of accused and other on side of prosecution - Once there are two different probabilities available on..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 279, 337-- Accident - Rash and negligent driving - No specific evidence on record to prove the fact that vehicle in question was driven rashly and negligently and that too on a high speed by accused at the relevant time - PWs who are closely related to each other stated that at the time of accident vehicle..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 279, 337, Motor Vehicles Act, 1988, Section 187-- Quashing of FIR - Offence u/ss 279, 337 IPC and S.187 of M.V. Act - Compounding of offence - Amicable settlement arrived at between parties - Even if some of the offences constituted in the FIR are no, compoundable yet for securing the ends of justice, offences can be compounded, particularly when..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 279, 304A, 337, 338-- Rash and negligent driving - Identity of accused disputed, as none of PWs had an occasion to see the accident with their eyes - Story of accused being apprehended by PW6 and PW8 is thus not worth lending any credence, as at the relevant time none of PWs have stated that they disclosed registration..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 279, 337, 338-- Rash and negligent driving - Identity of accused not established, as PW1 and PW2 cannot say that it was accused who was driving vehicle in rash and negligent manner - Evidence on record shows that accused was not driving vehicle on wrong side in rash and negligent manner - Accident occurred due to..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 279, 338, Motor Vehicles Act, 1988, Section 185-- Rash and negligent driving under the influence of liquor - Collusion between bus and car - No iota of evidence on record as per statement of PW2 and PW3 that accused was driving car in state of intoxication - No witness was present on spot at the time of accident - Major contradictions found in..........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 279, 304A, Criminal Procedure Code, 1973, Section 482-- Rash and negligent driving - Death of pedestrian - Quashing of FIR - Deceased aged 70 years while crossing road lost his balance and dashed against motorcycle of petitioner and died - No evidence on record that petitioner was driving vehicle at high speed or recklessly or negligently, without due..........
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..........

Showing : 21-30 of 162 Results