Indian Penal Code, 1860, Section 279, 304A, Motor Vehicles Act, 1988, Section 134, 184 -- Rash and negligent driving - Fatal accident - Collusion between lorry and bicycle - Death of cyclist - Merely because there were few speed breakers on road and traffic signal near spot of accident, by itself cannot be deduced that there was no rash and negligent driving on the part of..........
Indian Penal Code, 1860, Section 279, 304A, Motor Vehicles Act, 1988, Section 134, 184 -- Rash and negligent driving - Fatal accident - Collusion between lorry and bicycle - Death of cyclist - Presence of eye witness on the spot - Suggestion was made to one of eye witness in cross-examination from accused side that immediately after accident he and others damaged and broke..........
Indian Penal Code, 1860, Section 279, 304A, Motor Vehicles Act, 1988, Section 134, 184 -- Rash and negligent driving - Fatal accident - Collusion between lorry and bicycle - Death of cyclist - Lorry being a heavy vehicle dashed to a bicycle from its back side and rider of same caught under rear wheel of lorry and sustained crush injuries - Inquest panchnama coupled with..........
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 mechanical breakdown of..........
Indian Penal Code, 1860, Section 304A -- Fatal accident - Rash and negligent driving - Inspection of offending vehicle after about 5 years from the date of occurrence, is fatal to prosecution case, particularly when it is very much available and it was also used to take kid to hospital...........
Indian Penal Code, 1860, Section 304A -- Fatal accident - Rash and negligent driving - PW1 and PW2 carelessly and negligently left deceased/minor boy of 10 years in roadside and they have crossed the road earlier - Accident occurred while deceased crossed the road - Subject vehicle was subjected to inspection after about 5 years from the date of occurrence - Eye witnesses..........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 304A -- Sanction for prosecution - Medical negligence - Prosecution of Government doctor cannot be allowed without procuring prior sanction u/s 197 Cr.P.C - In the absence of prosecution sanction, allowing proceedings to continue against petitioners for offence u/s 304-A IPC would be nothing short..........
Indian Penal Code, 1860, Section 304A -- Rash and negligent act - S.304-A IPC deals with homicidal death caused by a rash and negligent act - It does not create a new offence - It is directed against offences outside range of Ss.299, 300 IPC and covers those cases where death is caused without `intention' and `knowledge'- It applies to acts which are rash or negligent and..........
Indian Penal Code, 1860, Section 304A -- `Negligence' - Not defined in IPC - However, negligence is omission to do something which a reasonable man, guided upon those considerations which ordinarily regulate conduct of human affairs would do, or doing something which a reasonable and prudent man would not do...........
Indian Penal Code, 1860, Section 304A -- Rash and negligent act - Mere negligence or rashness is not enough to bring a case within ambit of S.304-A IPC - Negligence and rashness proved by evidence must be such as should necessarily carry with it a criminal liability...........
