Indian Penal Code, 1860, Section 304A -- Causing death by rash and negligent driving - Held, benefit of probation cannot be extended to the accused...........
Indian Penal Code, 1860, Section 304A -- Criminal negligence - Death due to drowning in swimming pool - Deceased himself surreptitiously and unauthorisedly entered pool which was meant for adult trained swimmer and drowned - No reliable evidence regarding any rashness negligence of any accused who were employed at swimming pool - Held, acquittal of accused proper...........
Indian Penal Code, 1860, Section 304A -- Criminal negligence - Means gross and culpable neglect or failure to exercise that reasonable and proper care and precaution to guard an individual in particular against injury - Negligence is an omission to do something which a reasonable and prudent man guided upon those considerations which would ordinarily regulate the conduct..........
Indian Penal Code, 1860, Section 304A, 337 -- Medical Negligence - Death of woman due to rupture of uterus during delivery - Use of Pitocin injection by accused doctor was not unwarranted - Doctor attending the women himself took her to Govt. hospital for emergency treatment by making all necessary arrangements without wasting time - Woman expired during treatment though..........
Criminal Procedure Code, 1973, Section 401, Indian Penal Code, 1860, Section 304A -- Revision against conviction - High Court in its revisional jurisdiction cannot re-appreciate and reappraise the evidence until and unless, it comes to the conclusion that the findings recorded by the trial Court are perverse, illegal and erroneous on account of misreading of evidence...........
Probation of Offenders Act, 1958, Section 4, Indian Penal Code, 1860, Section 304A, 279 -- Rash and negligent driving - Accused causing death of two persons - Accused convicted and sentenced to 9 months imprisonment - Accused suffered protracted trial for 10 years - It is not a ground to release accused on probation or reduce the sentence...........
Probation of Offenders Act, 1958, Section 4, Indian Penal Code, 1860, Section 304A -- Death in rash and negligent driving - Conviction - Accused sentenced to 6 months RI - Accused faced protracted trial of 20 years - Release on probation - Supreme Court followed wherein held that Court should not as normal rule, invoke the provisions of Probation of Offenders Act when the..........
Criminal Procedure Code, 1973, Section 401, Indian Penal Code, 1860, Section 304A -- Death in rash and negligent driving - High Court in revision should not reappreciate and reappraise evidence until and unless it comes to conclusion that the findings recorded by trial Court are perverse, illegal and erroneous on account of misreading of evidence...........
Indian Penal Code, 1860, Section 304A -- Negligent driving - Circumstantial evidence - Accused driver of bus gave dash to police officer in uniform who was trying to stop the vehicle - Police officer died - No turn or bend on road at the place of incident to prevent driver from noticing a police officer - There were speed breakers near the spot - Accused negligent -..........
Indian Penal Code, 1860, Section 304A, Probation of Offenders Act, 1958, Section 4, Criminal Procedure Code, 1973, Section 360 -- Benefit of probation - Negligent driving - Accused driver of bus gave dash to police officer in uniform who signaled to stop and thereby causing death - Accused not entitled to benefit of probation...........
