Indian Penal Code, 1860, Section 279, 304A -- Rash and negligent driving - Fatal accident - Contributory negligence - Incident occurred when offending vehicle was passing through the barrier admittedly head of deceased was protruding out of body of vehicle, struck with the pole of barrier and he fell down and died - Statements given by PWs are not sufficient to prove that..........
Criminal Procedure Code, 1973, Section 357(3), Indian Penal Code, 1860, Section 304A, 279, 338 -- Compensation - Offence u/ss 304-A, 279, 338 IPC - Grant of compensation with a direction that same should be paid to person who has suffered any loss or injury by reason of the act for which the accused has been sentenced has a different contour and the same is not to be..........
Indian Penal Code, 1860, Section 304A, 279, 338, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 304-A, 279, 338 IPC - Quashing of proceedings - Settlement arrived at between parties - However, proceedings cannot be quashed, as alleged offences cannot be treated as a private dispute between parties, so as to persuade Court to accept compromise and to quash..........
Indian Penal Code, 1860, Section 304A, 279, Motor Vehicles Act, 1988, Section 181 -- Rash and negligent driving - Modification of quantum of sentence - Keeping in view family situation, nature of crime and in the light of principles of Reformative theory of Criminal Jurisprudence, Court reduced sentence of imprisonment from one and half year to one year - With an..........
Indian Penal Code, 1860, Section 304A -- Medical negligence - Quashing of proceedings - Deceased died after giving birth to a male child under normal delivery - Condition of deceased deteriorate after delivery and she was referred to Government hospital for further management - Medical evidence on record shows that cervico vaginal injuries and hemorrhagic shock as..........
Indian Penal Code, 1860, Section 304A, 279 -- Fatal accident - Two vehicles involved in accident - A person sandwiched in between two vehicles on tarred portion of road when bus involved was reversing across the road - It may be unsafe to come to conclusion that there is criminal negligence on the side of driver of lorry when admittedly driver of bus involved was talking..........
Indian Penal Code, 1860, Section 304A -- Medical negligence - Pre-mature baby expired within 24 hours of delivery - Matter should first be referred to a competent doctor or committee of doctors specialist in relevant field - When such a doctor or committee reports that there is prima facie case of medical negligence, only then notice should be issued to doctor or hospital..........
Indian Penal Code, 1860, Section 304A -- Medical negligence - Actionable under certain circumstances under law of tort - Stringent proof is required for criminal prosecution for medical negligence and such negligence cannot be presumed/inferred on certain irrational or bald allegations of complainant...........
Indian Penal Code, 1860, Section 304A -- Medical negligence - Order framing charges - Quashing of order - No allegation worth the name in the complaint that accused have done something which is not satisfying the normal prudence in the given circumstances or expected of a medical professional - Courts below committed error of law by framing charges against petitioners -..........
Indian Penal Code, 1860, Section 304A -- Rash and negligent driving - Fatal accident - Three persons died and four others injured - Evidence on record proves that accused was driving offending truck in a rash and negligent manner causing death of three persons and also caused injuries to four others - Identity of accused was successfully established by PWs - Evidence of..........
