Indian Penal Code, 1860, Section 279, 304A -- Rash and negligent driving - Collusion between bike and car - Death of driver of bike - PW1 complainant and eye witness of incident deposed that accident occurred due to fault of car driver - However, evidence on record shows that deceased was coming on bike while talking on mobile - Bike was coming in a high speed and hit..........
Indian Penal Code, 1860, Section 304A, 279 -- Rash and negligent driving - Accused driving his jeep rashly and negligently dashed in backside cycle of deceased - Deceased died on the spot and his cycle was broken - Alleged jeep was stationed in police chaunki on same day after accident by accused - Owner of vehicle is not produced by accused - PW1 was sole eye witness to..........
Indian Penal Code, 1860, Section 304A, 279 -- Rash and negligent driving - Quantum of sentence - Accused no where stated that he was authorized to drive alleged jeep and he had any driving licence - Driving of any vehicle by unqualified driver, at any public road, in a manner so rash and negligent as to endanger human life and causing death of any innocent person has..........
Indian Penal Code, 1860, Section 304A -- Rash and negligent driving - Fatal accident - Allegation that co-accused directed or instigated accused to drive jeep to run over deceased - However, evidence of PWs and dying declaration does not support such allegation - Disturbance caused at the place of incident between students and authority of college - Circumstances..........
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 304A, Criminal Procedure Code, 1973, Section 202 -- Medical negligence - Death of newly born child - Summoning of doctor - Child not born hale and hearty and suffering from diseases - Evidence on record shows that child was shifted to another hospital very next date of birth - No evidence that doctor was negligent - Order refusing to summon..........
Indian Penal Code, 1860, Section 304A, Constitution of India, 1950, Article 21 -- Death by negligence - Medical negligence - Before surgery neither any consent was obtained from the patient nor there is any material on record to suggest that she was personally ever made aware about fatal consequences - Although, petitioner has tried to justify factum of consent while..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 304A -- Quashing of summoning order - Death by medical negligence - - Quashing of summoning orders - There is a pre-condition for seeking an opinion from a doctor in Government Service qualified in branch concerned before proceeding in a complaint case and that condition has not been satisfied in..........
Indian Penal Code, 1860, Section 279, 304A -- Rash and negligent - Death of motorcyclist - Collusion between motorcycle and tanker lorry - Accident occurred while accused being driver of tanker lorry was trying to overtake another vehicle - However, evidence of PWs 6 and 8 and also spot sketch mark does not support prosecution case - Merely on the basis of rough sketch it..........
