Indian Penal Code, 1860, Section 304A, 279 -- Rash and negligent driving - Death of a cyclist - Accused stopped truck and fled away - Two independent witnesses saw the accused - Test identification parade not held - However, witnesses unerringly identified the accused in Court - Identity of accused also revealed from Registration certificate, Insurance Cover and Driving..........
Indian Penal Code, 1860, Section 279, 304A -- Rash and negligent driving - Acquittal - Revision against - Delay of 575 days - Delay not properly explained - Identity of bus driver not established - Once appeal by State against judgment of Magistrate is dismissed on merits, revision having been filed after inordinate delay, does not deserve consideration - No infirmity in..........
Indian Penal Code, 1860, Section 304A, 279 -- Reduction in sentence - Rash and negligent driving - Conviction - Incident 13 years old - Accused was young at that time - Sentence reduced from 2 years to already undergone i.e. 1/1-2 months...........
Indian Penal Code, 1860, Section 304A, 279 -- Cyclist knocked down by speeding truck - Rash and negligent driving - Version of all witnesses contradictory to each other - Name of accused not mentioned in FIR - Presence of witnesses on the place of occurrence doubtful and based on suspicion only - No ground to interfere with judgment of acquittal passed by appellate Court...........
Indian Penal Code, 1860, Section 304A -- Electrocution and death of a factory worker during his course of employment - Complaint filed under Factories Act for violation of rules relating to safety measures - Criminal proceedings also initiated u/s 304-A IPC for same offence - Petition to quash proceedings - Specific allegation against petitioner that in spite of bringing..........
Penal Code, 1860, Section 304A,80,88 -- Medical negligence - Criminal liability - Fixing of - For fixing criminal liability on doctor, the standard of negligence required to be proved should be so high as can be described as 'gross negligence' or recklessness' - It is not merely a lack of necessary care, attention and skill - Where patient's death results merely from error..........
Indian Penal Code, 1860, Section 279, 337, 338, 304A, Motor Vehicles Act, 1988, Section 134, 187, Criminal Procedure Code, 1973, Section 378(1) and 3 -- Rash and negligent driving - Vehicle driven at a speed of 60 kmph on a road of 24 feet width with footpath margin of 6 feet on either side inside town limit - Speed not reduced inspite of board put up at spot warning..........
Indian Penal Code, 1860, Section 304A, 314, Criminal Procedure Code, 1973, Section 320 -- Death of a woman due to termination of pregnancy - FIR against doctor - Parties entering into compromise - Complainant filed affidavit that he lodged FIR due to misunderstanding and accused was not responsible for death - Held, offence not compoundable but chances of conviction bleak..........
Probation of Offenders Act, 1958, Section 4(1), Indian Penal Code, 1860, Section 304A, 279, 337 -- Rash and negligent driving - Death - Conviction - Accused faced trial for 16 years and he was then 26 years of age - Accused released on probation - Accused to pay compensation of Rs.20,000/- to legal heirs of deceased...........
Indian Penal Code, 1860, Section 304A -- Section 299 and 300 - Culpable Homicide - Section 304-A is attracted in case of death caused by rash and negligent acts and not amounting to culpable homicide u/s 299 or murder u/s 300 - Intention and knowledge to cause death absent in case of section 304-A - When intent or knowledge is the direct motivating force of the act -..........
