Indian Penal Code, 1860, Section 279, 304A, 337 -- Rash and negligent driving - PW18, one of victim of mishap stated that accused/bus driver drove the bus speedily despite knowing the bus was overloaded with passengers, resulting in its turning over - Victim denied the defence version that accident occurred due to sudden coming over of a stray animal on the road - Police..........
Indian Penal Code, 1860, Section 279, 304A, 337 -- Rash and negligent driving - Reduction of sentence - Incident occurred in 1995 and accused now attained the age of 51 years - Accused has already served the sentence of about 1 month 5 days out of maximum sentence of 2 years S.I - However, due to rash and negligent act of accused four persons succumbed to death - There is..........
Indian Penal Code, 1860, Section 279, 304A -- Rash and negligent driving - Expression "fast speed" or "high speed" is a relative term and merely driving the vehicle at "fast speed" by itself may not tantamount to "rashness" and "negligence"...........
Indian Penal Code, 1860, Section 279, 304A -- Rash and negligent driving - Accident occurred when deceased was crossing the road at a point other than zebra crossing and no traffic signal is shown near the spot of accident, in the site plan - Two eye witnesses of the incident have not given any description about the manner in which offending vehicle was being driven so as..........
Indian Penal Code, 1860, Section 451, 354 -- Offence u/ss 451, 354 IPC - Charge u/s 354 IPC was not framed - However, offence u/s 354 IPC is lesser offence to the offence of S.3(1)(xi) of SC/ST Act, Court has to examine whether such lesser offence is made out against accused on the evidence available on record - Since prosecution proved that accused entered into the house..........
Indian Penal Code, 1860, Section 451, 354 -- Offence u/ss 451, 354 IPC - Sentence - Sentence of 3 months R.I. u/s 451 IPC with fine of Rs.1000/- with default sentence of one month R.I. for non-payment of fine is upheld - However, for an offence u/s 354 IPC, accused is sentenced to 3 months R..I with fine of Rs.5000/- with default sentence of R.I. of 3 months for..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - If a person is hypersensitive and therefore decides to put an end to his life, then such an act of deceased cannot be said to be an outcome of abetment...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - If a married woman makes a complaint against her husband/deceased and in laws to police with regard to commission of offence of cruelty and dowry demand and police after recording statements filed charge sheet, then it cannot be said that married woman had in any manner abetted the deceased to commit suicide...........
Indian Penal Code, 1860, Section 302, 460, 396, 149 -- Murder - Identification of accused - Faces of accused were covered with clothes - None of witnesses had seen accused before the incident or recognized them - Identifying the masked accused solely by their eyes and hair in the darkness of midnight is not possible especially if the light conditions are extremely poor -..........
Indian Penal Code, 1860, Section 302, 460, 396, 149 -- Murder - Recovery of articles - No jewellery or valuable utensils were recovered from any of accused - Recovery memo relates to co-accused who is not a party to present appeal - In so far as recovery of empty shells, gun etc. are concerned, these recoveries by itself is not sufficient to connect accused with alleged..........
