Indian Penal Code, 1860, Section 279, 304A, 337 -- Rash and negligent driving - Statements of PWs have attributed the accident to high speed - No person has mentioned approximate speed of motorcycle - None of PWs had witnessed accident - There is no other evidence to prove rashness and negligence of accused - Guilt of accused not proved - Acquittal upheld...........
Indian Penal Code, 1860, Section 304A, 279 -- Rash and negligent driving - Informant did not support prosecution case - Testimony of other PWs also does not establish prosecution case - Accused cannot be held liable based on high speed alone without any further evidence that accused was in breach of his duty to take care which he had failed to do so - Acquittal upheld...........
Indian Penal Code, 1860, Section 279, 304A, 337 -- Rash and negligent driving - Fatal accident - Tractor along with accused, deceased and eye witness rolled down for 10-15 feet - No injury sustained by accused as per prosecution - Fact that accused had not sustained any injury in accident seems improbable - Further, prosecution not offered any explanation for the same,..........
Indian Penal Code, 1860, Section 279, 304A, 337 -- Rash and negligent driving - Fatal accident - Eye witnesses to incident give divergent portrayal qua cause of accident - Even there are other auxiliary contradictions which render prosecution story tainted with doubts - Police recorded the statement of PW7/eye witness after delay of 6-7 days, which remained unexplained -..........
Indian Penal Code, 1860, Section 279, 304A -- Rash and Negligent driving - Appeal against acquittal - All the eye witnesses turned hostile except PW10, son of deceased - PW10, in his statement before Court neither disclosed the number of bus nor the name of driver - But in FIR he stated the name of driver - There is material contradiction in the statement of PW10 -..........
Indian Penal Code, 1860, Section 304A -- Death of school children by drowning - Negligence - Accused teacher checked water level/depth and after fixing point asked children not to proceed beyond that point - Another teacher did not state single word about negligence on part of accused - Nothing stated by witnesses about recklessness/criminal rashness of accused in..........
Indian Penal Code, 1860, Section 304A -- Medical negligence - Death at operation table - Prosecution failed to prove that respondents 1 and 2 administered thiopental in excess volume or that the administration was not made in accordance with the established procedure - Held, prosecution, thus failed to prove that act of accused amounts to gross negligence - Acquittal..........
Indian Penal Code, 1860, Section 304A -- Criminal negligence - Death due to drowning in swimming pool - Deceased himself surreptitiously and unauthorisedly entered pool which was meant for adult trained swimmer and drowned - No reliable evidence regarding any rashness negligence of any accused who were employed at swimming pool - Held, acquittal of accused proper...........
Indian Penal Code, 1860, Section 279, 304A -- Death by rash and negligent driving - In dying declaration there was no specific mention about rash and negligent driving - There was no specific materiel to show that accused was driving vehicle at the time accident took place - Name of the respondent was not mentioned in the dying declaration - Victim stated that he can..........
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..........
