Indian Penal Code, 1860, Section 304A, 279 -- Death by rash and negligent driving - Conviction u/ss 304-A, 279 IPC - Accused sentenced to 9 months RI - Accused suffered protracted trial for 21 years - Already undergone 10 days imprisonment - Accused sole bread earner of his family - Sentence reduced to already undergone...........
Indian Penal Code, 1860, Section 279, 304A -- Conviction u/ss 279, 304-A IPC - Conviction by trial Court confirmed by Sessions Court as well as High Court - Held, so far as conviction is concerned there is no reason to interfere with the findings recorded by trial Court and confirmed by Sessions Court as well as High Court - Sentence however reduced from one and half years..........
Indian Penal Code, 1860, Section 304A -- Negligence of accused but not gross negligence - Accused is not liable for conviction u/s 304-A IPC...........
Indian Penal Code, 1860, Section 304A -- `Gross' - Word `Gross' is not used in provision of S.304A IPC - However, in criminal law negligence or recklessness must be of such a high degree which is called gross - Rash or negligent act must be qualified by the word `grossly'...........
Indian Penal Code, 1860, Section 304A, 337, 279 -- Rash and negligent driving - Conviction u/ss 279, 337, 304-A - Accused not a habitual offender - Accused sole bread earner of family with five daughters to support - Sufficient mitigating circumstances to extend the benefit of probation to the petitioner - Accused already undergone a sentence of 3 months and 17 days -..........
Indian Penal Code, 1860, Section 304A -- Medical negligence - Death - Lady admitted in hospital - Gave birth to a child and lady died - Medical Board was constitutd to find out cause of death - Board gave a finding that accused is not used to handle such delivery cases - None of the Board members was gynae expert - Entire evidence shows that patient was fully attended by..........
Indian Penal Code, 1860, Section 304A -- Medical negligence - Civil and criminal negligence - For an act to amount to criminal negligence the degree of negligence should be much higher i.e. gross or of a very high degree - Negligence which is neither gross nor of a higher degree may provide for a ground for action in civil law but cannot form the basis of prosecution -..........
Indian Penal Code, 1860, Section 304A -- Provision of S.304-A is not limited to rash or negligent driving - Any rash or negligent act whereby death of any person is caused becomes punishable - S.304-A applies only to such acts which are rash and negligent and are directly the cause of death of another person - Negligence and rashness are essential elements u/s 304-A IPC...........
Indian Penal Code, 1860, Section 304A -- Provision of S.304-A applies to cases where there is no intention to cause death and no knowledge that the act done, in all probabilities, will cause death - This provision is directed at offences outside the range of Ss. 299 and 300 IPC - S.304-A applies only to such acts which are rash and negligent and are directly the cause of..........
Indian Penal Code, 1860, Section 304A -- Negligence - Must be culpable or gross and not the negligence merely based upon an error of judgment...........
