Indian Penal Code, 1860, Section 279, 337, 338, 304A -- Offence u/ss 279, 337, 338, 304-A IPC - Reduction of sentence - Compromise arrived at between parties - Keeping in mind antecedents as well as fact that petitioner had already undergone 20 days sentence, ends of justice would be met if sentence is reduced to period already undergone by him in confinement...........
Indian Penal Code, 1860, Section 304A, 288 -- Offence u/ss 304-A, 288 IPC - Quashing of FIR - Settlement entered into between accused and family of deceased - Family of deceased do not want to take any further action in said matter - Case is pending investigation and charge sheet is yet to be filed - Deceased and other persons were involved in manual labour of carrying..........
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..........
