Indian Penal Code, 1860, Section 279, 304A, 337 -- Rash and negligent driving - Accused was driving vehicle speedily and resulting in death of three persons and injuries to witnesses - Though accused raised multiple defences and all the witnesses denied the fact that accident occurred due to some mechanical defect in vehicle or due to sudden bursting of a tyre or coming up..........
Indian Penal Code, 1860, Section 304A -- Rash and negligent driving - Identification of accused - Eye witness/PW1 identified accused as driver of crime lorry and deposed that he is responsible for the incident - Owner of vehicle/PW3 also deposed that on the date of incident, accused was the driver of lorry and he handed over the vehicle record to police - Nothing was..........
Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Vehicle involved in Uttar Pradesh Prevention of Cow Slaughter Act - Petitioner is the registered owner of vehicle - Ownership of vehicle is not in dispute - No useful purpose will be served in keeping the vehicle stationed at police station in open yard for a long period allowing it to be damaged..........
Indian Penal Code, 1860, Section 279, 304A -- Rash and negligent driving - Collusion between truck and motorcycle - Death of motorcyclist - Place of incident is shown to be about 20 feet wide - Photograph shows truck towards its extreme left hand side - Accident had taken place towards left side of road shows that truck driver was not driving the truck towards wrong side -..........
Indian Penal Code, 1860, Section 279, 337, Motor Vehicles Act, 1988, Section 187 -- Accident - Rash and negligent driving - When there is no evidence on record of approximate speed of offending vehicle, mere use of term `high speed' is not sufficient to infer the rashness or negligence of accused...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Deceased was a homemaker - Monthly income of deceased at the relevant time, could not be less than Rs.4000 p.m or so - However, instead of calculating compensation under different heads and also keeping in mind the fact that claimants and respondents are closely related, delinquent vehicle was not insured,..........
Indian Penal Code, 1860, Section 279 -- Rash and negligence driving - Mere fact that accused was driving the vehicle at high speed may not attract the provision of S.279 IPC - Criminal negligence or criminal rashness is an important element...........
Criminal Procedure Code, 1973, Section 451, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Release of seized vehicle - Jurisdiction of Court - Vehicle involved in NDPS case - Application for interim custody of vehicle rejected on the ground that Magistrate has no jurisdiction since the vehicle was seized u/s 52 of NDPS Act - However, jurisdiction of..........
Indian Penal Code, 1860, Section 304A, 337, 338 -- Death by rash and negligent driving - Incident occurred due to breakage of pin attached in between the tractor and trailer, trailer was separated from tractor which resulted into the incident - No evidence on record that there is negligence on the part of driver for damage of pin - Opinion regarding mechanical defect of..........
Criminal Procedure Code, 1973, Section 451, 457 -- Release of seized vehicle - For releasing the vehicle u/s 451 r/w S.457 Cr.P.C, ownership of vehicle is not relevant - It is only relevant when there is dispute regarding possession of ownership of goods or vehicle...........
