Indian Penal Code, 1860, Section 304A -- Rash and negligent driving - Truck stopped to carry passengers - Motor cyclist tried to cross the truck from behind - Truck moved and an angle attached on back side struck motor cycle and it fell down - Accused cannot be said to have driven his vehicle in rash and negligent manner - Conviction cannot be sustained...........
Indian Penal Code, 1860, Section 304A -- Medical negligence - Contention that petitioner kept on giving the routine medicines to patient and no tests were got conducted - Diagnosed correctly by petitioner who was a specialist in paediatrics and treatment by him of the patient for pneumonia - There is no opinion from the doctor that any of the medicines being prescribed by..........
Indian Penal Code, 1860, Section 304A, 279, Probation of Offenders Act, 1958, Section 4 -- Probation - Rash and negligent driving - Conviction of the petitioner by Courts below do not call for any interference - Mitigating circumstances that petitioner has already undergone two and half months of actual sentence - He had faced trial for about five years - He is the sole..........
Indian Penal Code, 1860, Section 304A, Criminal Procedure Code, 1973, Section 482 -- Criminal negligence - Boy aged about 12 years electrocuted and died on the spot due to burning of submersible motor of borewell and grounding of G.I. Pipe in the land belonging to the Trust - Alleged incident occurred as an accidental one and it was not in anticipation of the petitioners..........
Indian Penal Code, 1860, Section 304A -- Rash and negligent driving - Death - Truck driven rashly and negligently struck motor cycle and death of motor cyclist on spot - Truck taken into possession by police - No suggestion put to witnesses regarding negligence on the part of motor cyclist - Accused facing trial for 17 years - Conviction sustained - Sentence modified to..........
Probation of Offenders Act, 1958, Section 4, Indian Penal Code, 1860, Section 304A, Criminal Procedure Code, 1973, Section 357 -- Death by rash and negligent driving - Accused convicted and sentenced to one years RI and fined Rs.1,000/- - Incident 19 years old - Accused already undergone 4-1/2 months of imprisonment - Sentence reduced to already undergone...........
Indian Penal Code, 1860, Section 304A, 279 -- Negligence - Accident - Accident took place between mini bus and motorcycle - Death of motorcycle rider - It was alleged that the accident occurred when the driver was busy to change the tape recorder cassette - It is a merely hearsay evidence - Actually steering of minibus was locked - Evidence of mechanic also showed that..........
Indian Penal Code, 1860, Section 279, 304A, Probation of Offenders Act, 1958, Section 4 -- Rash and negligent driving - Conviction u/s 279 and 304-A IPC - Incident 17 years old - Accused remained in custody for one month - Accused ordered to be released on probation and to deposit a sum of Rs.5,000/- as compensation payable to heirs of deceased...........
Indian Penal Code, 1860, Section 304A -- Falling of house resulting in death of 18 persons (two teachers and 16 students) sitting out door in the compound of school near the building which collapsed - Respondent-accused owner and principal of the school - Causa causans i.e. the immediate cause of occurrence was not the negligence or any rash act of the accused - Acquittal..........
Indian Penal Code, 1860, Section 304A -- Rash and negligent driving - Bus driver - Death of cyclist - No tyre marks or skid marks found on road - Driver could stop bus within 30 feet - Shows that bus was driven at high speed - Evidence that cyclist fell down of his own fault - Very fact that deceased was hit by rear tyres of bus belies the evidence of prosecution witnesses..........
