Indian Penal Code, 1860, Section 304A -- Rash and negligent - Criminality may be that apart from any mens rea - There may be no motive or intention still a person may venture or practice such rashness or negligence which cause the death of the other - Death so caused is not the determining factor...........
Indian Penal Code, 1860, Section 304A, 279 -- Death for rash and negligent driving - Concurrent finding of trial Court and Session Court - No error of fact or law arrived at by both the Courts below - High Court should not re-appreciate the evidence and come to its own conclusion on the same unless there is gross miscarriage of justice - Finding of Courts below confirmed...........
Indian Penal Code, 1860, Section 279, 304A, Criminal Procedure Code, 1973, Section 357 -- Compensation - Death by rash and negligent driving - Mother of deceased filed affidavit that she does not have any grievance against appellant and it was an act of God - Conviction confirmed - Sentence of appellant reduced to the period already undergone by him - Appellant directed to..........
Indian Penal Code, 1860, Section 304A, Criminal Procedure Code, 1973, Section 482 -- Negligence of doctor - Death of patient - Doctor can be prosecuted only when there is gross negligence - FIR quashed as negligence attributed not gross negligence...........
Probation of Offenders Act, 1958, Section 4, Indian Penal Code, 1860, Section 304A, 279 -- Rash and negligent driving - Death of a child - Conviction u/s 304-A and 279 IPC - Benefit of probation - Benefit of benevolent provision of S.4 of Probation of Offenders Act is not available to a convict u/s 304-A IPC...........
Indian Penal Code, 1860, Section 304A -- Scope - For applicability of the provision of S.304-A IPC there should be neither intention nor knowledge to cause death - When any of these two elements is found to be present, S.304-A has no application...........
Indian Penal Code, 1860, Section 304A -- Scope - Provision relates to death caused by negligence - Provision applies when there is no intention to cause death and no knowledge that the act done in all probability will cause death - The provision relates to offences outside the range of Ss.299 and 300 IPC - It applies only to such acts which are rash and negligent and are..........
Indian Penal Code, 1860, Section 304A, Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Appellant a head constable entrusted with delivering wireless message - He drove vehicle negligently and thus caused fatal accident - Held, that sanction for prosecution not required as action of accused was not a matter within the colour of his duty...........
Probation of Offenders Act, 1958, Section 4, Indian Penal Code, 1860, Section 279, 304A -- Appellant a head constable entrusted with delivering wireless message - He drove vehicle negligently causing fatal accident - Accused convicted for offences under Ss.279, 304-A IPC - Accused faced agony of trial for 20 years - He had a good career throughout and was dismissed from..........
Indian Penal Code, 1860, Section 304A, 279, 337 -- Death by rash and negligent driving - Accused convicted and sentenced to 2 years imprisonment - Accused suffered protracted trial of 21 years - Accused committed no other offence during all these 21 years - Sentence reduced to already undergone...........
