Indian Penal Code, 1860, Section 279, 304A -- Conviction u/ss.279, 304-A IPC - Quantum of punishment - Since the petitioner has undergone mental agony of trial as well as appeal for about 9 years and is also behind the bars for about 31/2 months - Sentence of 1 year rigorous imprisonment for offence u/s.304-A IPC has been reduced to period of 6 months...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 304A - - Criminal proceedings - Quashing of - Petitioners, owners of land, executed a contract with accused building contractor and labour sub contractor to construct building on their land - FIR lodged against petitioners for offences u/ss 304-A and 337 of IPC for death of one of the workers and..........
Criminal Procedure Code, 1973, Section 300, Indian Penal Code, 1860, Section 285, 286, 337, 338, 304A, Factories Act, 1948, Section 92 -- Rash and negligent act by petitioner/occupier or Manager of factory resulting into death of worker - Petitioner has not been convicted and/or acquitted in either of case as Section 92 of the Factory Act do no prescribe punishment for..........
Indian Penal Code, 1860, Section 304A, 279, Probation of Offenders Act, 1958, Section 4 -- Accused convicted and sentenced to six months R.I. for causing death of a person by rash and negligent driving of bus - Incident 14 years old - Accused, a Govt. employee and was aged 32-33 years - Accused not a previous convict - Held, accused entitled for benefit of probation...........
Indian Penal Code, 1860, Section 304A,279 -- Death - Rash and negligent driving - Proof of - Without waiting for signal from conductor, appellant/driver started the bus - Passenger who was on rooftop for unloading his luggage fell down and succumbed to injuries - Held, for application of either S.279 or S.304-A it must be established that there was an element of rashness..........
Indian Penal Code, 1860, Section 304A, 279, 427 -- Accused convicted and sentenced u/ss 304-A, 279, 427 IPC - Accused seeking probation - Held, probation should not be granted in accident cases - Accused suffered protracted trial of 8 years - Sentence reduced to 9 months RI...........
Indian Penal Code, 1860, Section 279, 304A, 201 -- Rash driving - Prosecution witnesses stated that `J' was standing on the side of road - It has not been explained by accused under what circumstances, he came outside main road after leaving main road - Petitioner ran away from place of accident which indicates that he was guilty otherwise, there was no necessity for him..........
Indian Penal Code, 1860, Section 304A -- Causing death by negligence - Proof - Evidence on record shows that petitioner had driven vehicle in a rash and negligent manner, due to which vehicle fell in a ditch and in that process, deceased fell in between tractor and trailer and sustained injuries - The very fact that tractor fell in a road side ditch shows that vehicle was..........
Indian Penal Code, 1860, Section 304A -- Medical negligence - Complaint against a doctor - To entertain a complaint against a doctor (i) there should be prima facie evidence in the form of a credible opinion of another competent doctor to support the charge of rashness or negligence on the part of the accused doctor; (ii) I.O. before proceeding against the doctor should..........
Indian Penal Code, 1860, Section 304A, 279 -- Rash and negligent driving - Bus driven at a fast speed - Bus rammed into stationary truck - Death of truck driver - Eye witnesses testimony that bus was driven in a proper manner at a speed of 60/70 kms. - Truck was loaded with iron rods and was standing on roadside with no indicators to warn the incoming vehicles - No..........
