Indian Penal Code, 1860, Section 337, 338, Factories Act, 1948, Section 92, 38, Constitution of India, 1950, Article 20(2), Criminal Procedure Code, 1973, Section 300 -- A.P. Factories Rules, 1950, Rules 61 and 95 - Injuries sustained by fire fighting personnel while extinguishing fire in factory - Fire took place on account of failure and negligence on the part of..........
Indian Penal Code, 1860, Section 304A, 337 -- Medical Negligence - Death of woman due to rupture of uterus during delivery - Use of Pitocin injection by accused doctor was not unwarranted - Doctor attending the women himself took her to Govt. hospital for emergency treatment by making all necessary arrangements without wasting time - Woman expired during treatment though..........
Criminal Procedure Code, 1973, Section 300, Indian Penal Code, 1860, Section 285, 286, 337, 338, 304A, Factories Act, 1948, Section 92 -- Rash and negligent act by petitioner/occupier or Manager of factory resulting into death of worker - Petitioner has not been convicted and/or acquitted in either of case as Section 92 of the Factory Act do no prescribe punishment for..........
Indian Penal Code, 1860, Section 337, 338 -- Negligence - Proof of - Both injured witnesses have testified on oath that accident in question had taken place on account of negligence of accused-petitioner wherein they sustained injuries, which in absence of proof of grievous, these were taken to be simple in nature - Held, defence raised is totally false - Accordingly..........
Indian Penal Code, 1860, Section 279, 337, 338 -- Rash and negligent driving - Culpable negligence lies in the failure to exercise reasonable and proper care and the extent of its reasonableness will always depend upon the circumstances of each case - 'Rashness' consists in hazarding a dangerous or wanton act with the knowledge that it is so, and that it may cause injury -..........
Indian Penal Code, 1860, Section 304A, 279, 337 -- Death by rash and negligent driving - Accused convicted and sentenced to 2 years imprisonment - Accused suffered protracted trial of 21 years - Accused committed no other offence during all these 21 years - Sentence reduced to already undergone...........
Indian Penal Code, 1860, Section 304A, 337, 279 -- Rash and negligent driving - Conviction u/ss 279, 337, 304-A - Accused not a habitual offender - Accused sole bread earner of family with five daughters to support - Sufficient mitigating circumstances to extend the benefit of probation to the petitioner - Accused already undergone a sentence of 3 months and 17 days -..........
Indian Penal Code, 1860, Section 304A, 279, 337, 338 -- Rash and negligent driving - Accused driving truck - Struck with a Peter Rehra - It was midnight - 3 persons died and 4/5 injured - Peter Rehra was unauthorised vehicle and had never been registered with the authority - Rehra was having no head lights or indicators - Complainant & IO not examined - Photographer also..........
Indian Penal Code, 1860, Section 279A, 337, 304A -- Rash and negligent driving - Petitioner driving bus on a highway - Complainant was driving a tractor trolley carrying passengers - Complainant coming from side lane - Fatal accident - Causing death of one of the passenger - Held, that complainant was not a trained driver having only a learning licence - Tractor trolley..........
Indian Penal Code, 1860, Section 279, 337, 338, 304 -- Trial continued for 6 years - Delay is no ground to close evidence and acquit the accused, if record shows that he acquiesced in the delay and never asked for an expeditious disposal of case...........
