Indian Penal Code, 1860, Section 279, 304A, 337, 338 -- Rash and negligent driving - Allegation that accident occurred due to rash and negligent act on the part of driver of offending bus - However, material witnesses have not deposed as to rash and negligent act on the part of driver of bus - They have also not deposed as to how accident occurred - They simply stated that..........
Indian Penal Code, 1860, Section 304A, 279 -- Rash and negligent driving - Neither prosecution has brought forth any evidence that petitioner was driving the vehicle nor any material has been taken on record regarding same - Even, there is no whisper in this regard in evidence of witnesses - No further evidence is brought on record to substantiate charge or to bring home..........
Indian Penal Code, 1860, Section 304A, 337 -- Rash and negligent driving - Eye witnesses have specifically stated that accused was driving bus in a very rash and negligent manner and at a high speed - Driver ought to have driven the bus on public way in a cautious manner, so that he could apply the brakes in time - Thus, apparently, driver of bus was not driving the bus..........
Indian Penal Code, 1860, Section 304A, 337 -- Rash and negligent driving - Reduction of sentence - Occurrence pertains to the year 2000 and as many as more than 24-1/2 years have passed ever since then - Accused does not have any criminal antecedents and is a first time offender - Therefore, subject to payment of fine as imposed and payment of Rs.1 Lac as compensation to..........
Indian Penal Code, 1860, Section 304A, 279 -- Rash and negligent driving - Accused being the driver of offending vehicle stands established not only by oral evidence but also on the documentary evidence on record, especially indemnity bond executed by owner of vehicle - Further, accident is not in dispute though accused has tried to deny the same at the time of recording..........
Indian Penal Code, 1860, Section 304A, 279 -- Rash and negligent driving - Reduction of sentence - Injured was shifted by petitioner in his own vehicle for medical care - Imprisonment period reduced from one year to six months...........
Indian Penal Code, 1860, Section 279, 304A, Probation of Offenders Act, 1958, Section 4 -- Rash and negligent driving - Benefit of probation - Incident occurred without any malicious intent on the part of appellant - Appellant is extended benefit of probation - Sentence of S.I. of six months set aside - Since, there are ten surviving legal heirs of deceased and mostly are..........
Indian Penal Code, 1860, Section 279, 304A, 427 -- Rash and negligent driving - Testimony of eye witness/PW5 - PW5 neither identified truck which is alleged to have hit deceased nor identified petitioner as driver of said truck - Evidence of PW5 cannot be taken as sufficient to connect petitioner to be driver of offending vehicle - I.O. has not been examined as a witness -..........
Indian Penal Code, 1860, Section 304A, 279 -- Rash and negligent driving - Mere high speed does not amount to any negligence on part of accused...........
Indian Penal Code, 1860, Section 304A, 279 -- Rash and negligent driving - Informant did not support prosecution case - Testimony of other PWs also does not establish prosecution case - Accused cannot be held liable based on high speed alone without any further evidence that accused was in breach of his duty to take care which he had failed to do so - Acquittal upheld...........
