Indian Penal Code, 1860, Section 304A -- Rash and negligent driving - Passenger while boarding bus fell down - Vehicle moved forward and rear wheel ran over resulting in death - Merely because a passenger fell down from the bus while boarding the bus no presumption of negligence can be drawn against the driver of the bus - Principle of res ipsa loquitor is only rule of..........
Indian Penal Code, 1860, Section 304A -- Rash and negligent act - Res Ipsa loquitor - Applicability - Held, principle of res ipsa loquitor is only a rule of evidence to determine onus of proof in actions relating to negligence - Said principle has application only when nature of accident and attending circumstances would reasonably lead to belief that in absence of..........
Indian Penal Code, 1860, Section 304A -- Death due to rash and negligent driving - Conviction - Validity - A passenger, while boarding a bus, fell down therefrom as vehicle moved forward and died - No witness said, including conductor, that driver moved vehicle before getting signal to move forward - Held, negligence of driver cannot be presumed - Conviction set aside -..........
Indian Penal Code, 1860, Section 302, 304A -- Murder or death due to negligence - Proof - Accused alleged to have intentionally dashed his vehicle against scooter of deceased - Statement of star witness u/s.161 Cr.P.C. recorded by Investigating Officer after three days of occurrence - Material infirmities in evidence of said witness and, therefore not enough to establish..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304, 308, 336, 337, 304A, 120B -- Bail - After getting first hand information that shuttering material is shaking, accused without caring for the life and safety of 80 labourers continued with the construction work - Also being present on the spot never cared to stop the work - Not entitled to the..........
Indian Penal Code, 1860, Section 302, 304A -- Appellant went running towards his jeep, started it and took it towards deceased in high speed by taking on wrong side of road and knocked down deceased who was run over by jeep - Trial Court convicted u/s 304A and acquitted for offence u/s 302 - High Court convicted u/s 302 IPC - Appeal against - High Court dealt with each and..........
Indian Penal Code, 1860, Section 304A -- Revision against conviction - Criminal jurisprudence - Bus on which revision petitioner was deputed as driver was bearing different number than the one mentioned in the statement of PW4 - Prosecution made no effort to explain this discrepancy - Held prosecution had to stand on its own legs to sustain the charge - Prosecution was..........
