Indian Penal Code, 1860, Section 279, 304A, Probation of Offenders Act, 1958, Section 4 -- Rash and negligent driving - Benefit of probation - Incident occurred without any malicious intent on the part of appellant - Appellant is extended benefit of probation - Sentence of S.I. of six months set aside - Since, there are ten surviving legal heirs of deceased and mostly are..........
Criminal Procedure Code, 1973, Section 360, Probation of Offenders Act, 1958, Section 4, Indian Penal Code, 1860, Section 304A, 279 -- Benefit of probation - Accident - Rash and negligent driving - Accused is a lady having two children - She is not involved in any other case except this - Litigation has been going on for more than 7 years - Keeping in view nature of..........
Probation of Offenders Act, 1958, Section 4, Indian Penal Code, 1860, Section 279, 304A, 337, 338 -- Probation on good conduct - Offence u/ss 279, 304-A, 337, 338 IPC - Accused first time offender - Incident seems to have been taken place 14 years ago - No useful purpose would be served to send accused to jail to serve out remaining sentence after considering provisions of..........
Indian Penal Code, 1860, Section 279, 304A -- Rash and negligent driving - Fatal accident - Reduction of sentence - 15 years old boy lost his life due to rash and negligent driving of accused - Accused after causing accident fled from the site and was made to surrender by his commandant more than 3 weeks later - There is thus, no reason to reduce punishment awarded or to..........
Indian Penal Code, 1860, Section 279, 304A, 337, Probation of Offenders Act, 1958, Section 4(b) -- Accident - Rash and negligent driving - Benefit of probation - There is overwhelming evidence to suggest that vehicle was driven by accused in rash and negligent manner, thus no leniency can be shown to accused - Benefit of probation not granted to accused - However, taking..........
Indian Penal Code, 1860, Section 279, 304A -- Rash and negligent driving - Fatal accident - Benefit of probation - Accused is fully bed ridden for the last 13 years - No previous criminal antecedents were proved against him and accused is not physically normal - Infliction of harsh punishment is not necessary in such situation - Instead of sentencing the accused, he is..........
Indian Penal Code, 1860, Section 304A, 279, 337, 338, Probation of Offenders Act, 1958, Section 4 -- Rash and negligent driving - Fatal accident - Benefit of probation - Where there is overwhelming evidence to suggest that vehicle was driven by accused in most rash and negligent manner, no leniency can be shown to accused - Benefit of probation not granted to accused -..........
Indian Penal Code, 1860, Section 304A -- Death due to negligence - Reduction of sentence - Benefit of probation not granted - However, sentence reduced from 2 years R.I to 1 year R.I but fine of Rs.5000/- shall remain same...........
Indian Penal Code, 1860, Section 304A, Probation of Offenders Act, 1958, Section 4 -- Probation - Conviction u/s 304-A IPC - Probation not to be granted as a general rule to a convict u/s 304(Part I)PC - However, probation granted, in the instant case by taking into consideration the period of agony of protracted trial and appeals, age, antecedents of the accused, his..........
Indian Penal Code, 1860, Section 304A, 279, Probation of Offenders Act, 1958, Section 4 -- Rash and negligent driving - Death - Benefit of probation under the Probation of Offenders Act - Not to be granted to the accused convicted for offence u/s 304-A IPC...........
