Indian Penal Code, 1860, Section 279, 304A, Motor Vehicles Act, 1988, Section 184 -- Discharge of accused - Whether order discharging accused for certain offences will terminate proceedings against accused for those offences - When discharge is in respect of only offence triable exclusively by a court of sessions, the proceedings against the accused in the Sessions Court..........
Indian Penal Code, 1860, Section 304A -- Offence u/s 304-A IPC - Reduction of sentence - Accused driving the vehicle at the relevant time in rash and negligent manner due to which one innocent person lost his life and two persons who were travelling in ambulance sustained injuries - However, High Court while reducing the sentence of accused has not considered the gravity..........
Indian Penal Code, 1860, Section 304A, 279, 337, 338 -- Rash and negligent driving - Rashness implies the speed which is unwarranted - Whereas act of negligence involves not taking proper care and attention while driving...........
Indian Penal Code, 1860, Section 304A, 279, 337, 338 -- Rash and negligent driving - Evidence of PW1 not corroborated by any evidence - Neither I.O has prepared a map/rough sketch nor trial Court has taken pains in recording directions correctly in evidence - Police patil is not eye witness to the incident as evidence is only relevant to what he has seen after the incident..........
Indian Penal Code, 1860, Section 304A, 279, 338 -- Rash and negligent driving - Speed alone cannot be a criteria to gauge that offending vehicle was driven in a rash and negligent manner...........
Indian Penal Code, 1860, Section 304A, 279, 338 -- Rash and negligent driving - Panch witness/PW4 has not stated that driver of offending vehicle was driving vehicle in a rash and negligent manner at the time of accident - Other panch witness/PW5 not supported prosecution case - No oral and documentary evidence available on record that accused was driving the offending..........
Indian Penal Code, 1860, Section 304A -- Rash and negligent driving - Victim tried to alight from a moving bus and fell down - Even if bus had slowed down as it was entering gate, victim was not supposed to alight from the moving bus unless it had come to a complete halt - Driver did not drove bus in rash and negligent manner - Accused acquitted...........
Indian Penal Code, 1860, Section 304A -- Death by rash and negligent driving - Provision of S.304-A IPC is application to cases where there is neither intention to cause death or knowledge that act in all probability will cause death...........
Indian Penal Code, 1860, Section 304A -- Death by rash and negligent driving - Quashing of proceedings - Offending car was being driven at such high speed that it first dashed against footpath and then collided with a milk van coming from opposite direction and then overturned - Accused was driving the vehicle at utmost high speed inspite of having knowledge that such..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 304A, 498A, 34, Dowry Prohibition Act, 1961, Section 3, 4 -- Cancellation of bail - Dowry death - Allegation against mother-in-law - Accused is a lady of 55 years of age - Husband and two co-accused were already granted bail - If trial Court was satisfied that accused was entitled to concession..........
