Indian Penal Code, 1860, Section 279, 304A -- Rash and negligent driving - None of PWs is eye witnesses to occurrence - PWs has not actually seen petitioner driving vehicle prior to accident or even on the date of occurrence - Knowledge of PWs about involvement of petitioner in alleged occurrence is hearsay in nature - PWs came to know about it after enquiring from others..........
Indian Penal Code, 1860, Section 304A, 337, 338 -- Rash and negligent driving - Petitioner drove the van rashly and negligently and caused death of deceased and grievous and simple injuries to witnesses - There are no material irregularities in conducting trial - Prosecution proved its case beyond reasonable doubt - Conviction upheld...........
Indian Penal Code, 1860, Section 304A, 337, 338 -- Rash and negligent driving - Reduction of sentence - Accident occurred in 2004 - Petitioner suffered imprisonment for a period of 14 days - He is more than 60 years of age and suffering from cancer and has been undergoing Chemotherapy treatment - Sentence reduced to period already undergone by accused...........
Indian Penal Code, 1860, Section 279, 304A -- Rash and negligent driving - Collusion between lorry and two wheeler - Death of driver of two wheeler - Petitioner/driver of lorry dashed two wheeler driven by deceased from behind - Crushing of skull, lacerations extended up to brain and other injuries would confirm that lorry was driven in a rash and negligent manner with..........
Indian Penal Code, 1860, Section 304A, 304B, 306 -- Offence u/ss 304-A, 304-B, 306 IPC - Compromise - In offences resulting in death such as u/s 302, 304-A, 304-B, 306 IPC etc., deceased is primary victim - Because harm suffered is inevitable, no compromise by legal heirs can substitute voice of deceased - Therefore, it is not for accused and complainant to negotiate,..........
Indian Penal Code, 1860, Section 304A -- Rash and negligent driving - Testimony of PWs 2 to 4 coupled with testimony of PW7 proved the offence committed by accused beyond all doubt - There is no material on record to discard the trustworthiness of PWs and there is no material to disbelieve the contents of documents on record - Rash and negligence on the part of petitioner..........
Indian Penal Code, 1860, Section 304A -- Rash and negligent driving - Reduction of sentence - Incident occurred in 2011 and 13 years have already lapsed - However, there was a loss of one human life - Sentence reduced to 6 months from one year...........
Indian Penal Code, 1860, Section 304A, 279 -- Rash and negligent driving - Reduction of sentence - Identity of accused stands duly established - Medical evidence shows that deceased suffered injuries in an accident and died - Rash and negligent driving on the part of accused stands established beyond reasonable doubt - Occurrence pertains to the year 2002 and as many as 22..........
Indian Penal Code, 1860, Section 304A, 279, 332, Evidence Act, 1872, Section 9 -- Rash and negligent driving - Non-conducting of Test Identification Parade - Multiple passengers were travelling in the canter being driven by accused - They suffered injuries in the accident and three persons lost their lives - Injured witnesses had ample opportunities to see accused during..........
Indian Penal Code, 1860, Section 304A, 279, 332 -- Rash and negligent driving - Accused was driving canter carrying 20/22 passengers at a high speed - While negotiating a turn he could not control the canter and it fell into a ditch on the side of the road despite the fact that road was quite wide - Had canter not been driven at a high speed and in a rash and negligent..........
