Indian Penal Code, 1860, Section 279, 304A, 337, 338 -- Rash and negligent driving - Allegation that accident occurred due to rash and negligent act on the part of driver of offending bus - However, material witnesses have not deposed as to rash and negligent act on the part of driver of bus - They have also not deposed as to how accident occurred - They simply stated that..........
Indian Penal Code, 1860, Section 279, 337, 338 -- Rash and negligent driving - Reduction of sentence - Petitioner is suffering agony of trial for last more than 20 years - He has undergone a period of 1 month and 13 days out of total sentence of six months - He is not involved in any other case - Since there is no minimum punishment prescribed u/ss 279, 337, 338 IPC,..........
Indian Penal Code, 1860, Section 279, 304A, 337, 338, 427 -- Rash and negligent driving - Collusion between Trolla and scooty - The only question involved is whether accused was identified or was driving Trolla at the relevant time - Accused admitted that he was driving offending vehicle/Trolla, but he was not driving in a rash and negligent manner - Thereafter, he tried..........
Indian Penal Code, 1860, Section 279, 304A, 337, 338 -- Rash and negligent driving - One person died in the accident and two persons sustained grievous injuries - Petitioner drove the offending vehicle violating one way traffic rules and dashed on the auto rickshaw in which deceased was travelling - Vehicle driven by petitioner was in high speed and it came in a reckless..........
Indian Penal Code, 1860, Section 279, 304A, 337, 338 -- Rash and negligent driving - Reduction of sentence - Petitioner is having his aged mother and unmarried daughter aged 24 years as dependents - No criminal antecedents is reported against petitioner - Substantive sentence reduced to some extent - Direction issued...........
Indian Penal Code, 1860, Section 279, 304A, 337, 338 -- Rash and negligent driving - Accused was 52 years of age at the time of accident - Statement given by PW6 before police with regard to mini lorry driver being an elderly person and his subsequent testimony before trial Court therefore is not found to be so significantly different, which might amount to contradiction -..........
Indian Penal Code, 1860, Section 279, 304A, 337, 338 -- Rash and negligent driving - Sentence - Accused was arrested on 10.5.2024 and by now he has been in custody for about 117 days - Sentence of accused modified to period already undergone by him - However, considering the fact that accused is a poor person and is now aged about 69 years having several medical issues,..........
Indian Penal Code, 1860, Section 279, 304A, 337, 338 -- Rash and negligent driving - Collusion between car and tractor fixed with water tanker - Damage to the front side of car would itself indicate that as to at what speed, car must be coming when it hit the tractor fixed water tanker from behind - Even, if it assumed that accused driving the tractor suddenly applied..........
Indian Penal Code, 1860, Section 279, 337, 338, Motor Vehicles Act, 1988, Section 185 -- Rash and negligent driving - No witness has stated on oath that vehicle was driven at a high speed - Site plan shows that there was a curve and it was not a case of a wide straight road - Vehicle had also not left the road but had turned turtle - Hence, by merely turning turtle,..........
Indian Penal Code, 1860, Section 279, 337, 338, Motor Vehicles Act, 1988, Section 185 -- Rash and negligent driving - No witness has stated on oath that vehicle was driven at a high speed - Site plan shows that there was a curve and it was not a case of a wide straight road - Vehicle had also not left the road but had turned turtle - Hence, by merely turning turtle,..........
