Indian Penal Code, 1860, Section 304A -- Medical negligence - A person totally ignorant of science of medicine or practice of surgery cannot undertake a treatment or perform operation - If he does so, it is a material circumstance to show his gross rashness and negligence in undertaking the treatment so as to attract S.304-A IPC...........
Indian Penal Code, 1860, Section 304A -- Medical negligence - `Requisite skill' in the profession practised by accused not stated - There is also nothing to show that before administering injections, he had undertaken reasonable care which ought to have been taken by a professional - Accused to be prosecuted u/s 304-A IPC...........
Indian Penal Code, 1860, Section 304A -- S.304-A applies to acts which are rash or negligent and are directly the cause of death of another person...........
Indian Penal Code, 1860, Section 304A -- Provision of S.304-A applies to those cases where there is neither intention to cause death nor knowledge that the act in all probability will cause death - Where intention or knowledge is the `motivating force' of the act complained of, S.304-A will have to make room for the graver and more serious charge of culpable homicide not..........
Indian Penal Code, 1860, Section 304A -- Negligence - It is omission to do something which a reasonable man, guided upon those considerations which ordinarily regulate the 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 driving - Conviction - Contradictions in the statements of PW's - PW11 stated that PW4 & PW5 told him the number of bus but PW4 & PW5 stated that they neither noted the number of bus nor told PW11 about the number of bus - PW4 & PW5 stated that bus was being driven as the left side - PW11 stated that it was being..........
Indian Penal Code, 1860, Section 279, 304A -- Death by rash and negligent driving - In dying declaration there was no specific mention about rash and negligent driving - There was no specific materiel to show that accused was driving vehicle at the time accident took place - Name of the respondent was not mentioned in the dying declaration - Victim stated that he can..........
Indian Penal Code, 1860, Section 304A -- Provision is not limited to rash or negligent driving - Any rash or negligent act whereby death of any person is caused becomes punishable...........
Indian Penal Code, 1860, Section 304A -- Negligence and rashness are essential elements u/s 304-A IPC...........
Indian Penal Code, 1860, Section 304A -- Rash and negligent - If a person willfully drives a motor vehicle into the midst of a crowd and thereby causes death to some person, it is not a case of mere rash and negligent driving - Act will amount to culpable homicide...........
