Indian Penal Code, 1860, Section 304A -- Death by rash and negligent act - Compromise - Quashing of FIR - Payment of compensation or financial assistance to families of deceased cannot be treated as a ground for quashing criminal proceedings arising out of an offence u/s 304-A IPC...........
Indian Penal Code, 1860, Section 304A -- Death by rash and negligent act - Compromise - Quashing of FIR - Offence u/s 304-A IPC is not merely between accused and complainant but have a direct nexus with public safety - Acceptance of a compromise in such matters would be contrary to larger public interest - Quashing petition dismissed...........
Indian Penal Code, 1860, Section 304A, Criminal Procedure Code, 1973, Section 482 -- Death by rash and negligent act - Compromise - Quashing of FIR - Incident occurred at a workplace involving shuttering and structural activity, where two labourers have lost their lives after allegedly falling from a beam - Determination of role of petitioners, nature of their duties and..........
Indian Penal Code, 1860, Section 279, 337, 304A -- Rash and negligent driving - PW39 has categorically stated that though vehicle was not driven in a high speed, if petitioner had driven the bus little more slower could have avoided accident - Evidence of PW39 is very much believable, cogent and inspires confidence of Court - There is culpable rashness and negligence on..........
Indian Penal Code, 1860, Section 279, 337, 304A -- Rash and negligent driving - Modification of sentence - Case does not involve either egregious conduct or grave negligence or rashness - However, since the vehicle fell into gorge, it unfortunately resulted in loss of life and grievous injuries to several other persons - Petitioner was in prison for a period of 13 days -..........
Indian Penal Code, 1860, Section 279, 304A -- Rash and negligent driving - Contributory negligence - PW1 father of deceased along with deceased was engaged in changing of punctured tyre of vehicle when lorry coming in same direction driven by appellant dashed on the car killing deceased instantaneously - Photograph produced before trial Court shows that parking lights were..........
Indian Penal Code, 1860, Section 279, 304A -- Rash and negligent driving - Compensation as granted by Supreme Court in the criminal case shall not be deducted from the total compensation, if any granted by the Motor Accident Claims Tribunal or by any other Forum by reason of loss of dependency caused by the death of the son of PW1...........
Indian Penal Code, 1860, Section 304A -- Death by rash and negligent driving - Rashness and negligence must be proved by cogent evidence and cannot be presumed merely from occurrence of an accident...........
Indian Penal Code, 1860, Section 304A -- Death by rash and negligent driving - Identity of driver of offending vehicle not proved by prosecution - No RC of jeep was produced to link ownership or possession to accused - Omission of TIP, doubtful credibility of eye witnesses, implausibility of escape theory and that too without accused sustaining any injury in a serious..........
Indian Penal Code, 1860, Section 279, 304A, 337 -- Rash and negligent driving - Accused cannot be held liable merely because witnesses stated that he was driving the vehicle at a high speed...........
