Indian Penal Code, 1860, Section 304A -- Fatal accident - Rash and negligent driving - Three eye witnesses to the occurrence stated that deceased died as she was knocked down by motorcycle driven by accused - Medical evidence supported the ocular testimony of eye witnesses - Accused was driving vehicle in rash and negligent manner - Minor discrepancy regarding mentioning..........
Indian Penal Code, 1860, Section 279, 304A, 337, 338, 427 -- Fatal accident - Discharge application - No evidence on record that vehicle in question was being driven on the date and time of alleged accident by accused - Even there is no other corroborative evidence on record against accused except extra judicial confessional statement of accused before I.O and except to..........
Indian Penal Code, 1860, Section 304A -- Rash and negligent act - Medical negligence - Doctor performed surgery and subsequently patient on reaching home complaining of acute pain - It is not sufficient to conclude that doctor was negligent in performing surgery...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 304A -- Quashing of proceedings - Medical negligence - Neither doctor was drunkard nor he used tools which were not meant for surgery - Thus, it is a fit case where powers u/s 482 Cr.P.C can be exercised - Proceedings quashed...........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 304A -- Sanction for prosecution - Complaint against government doctor u/s 304-A IPC - As doctor was performing official duties, therefore, sanction for prosecution was required from competent authority to prosecute petitioner u/s 197 Cr.P.C, as alleged act was done by petitioner in discharge of..........
Criminal Procedure Code, 1973, Section 251, Indian Penal Code, 1860, Section 279, 304A -- Framing of notice u/s 251 Cr.P.C - Fatal accident - Rash and negligent driving - Prima facie there is evidence on record from the report of FSL on mechanical inspection and crime scene report that car of accused overtook motorcycle of deceased on a high velocity thereby causing..........
Indian Penal Code, 1860, Section 279, 304A -- Rash and negligent driving - Fatal accident - Collusion of two buses - Offending bus dashed on the back of private bus when it was stopped on the road in order to change the tyre which had burst - Private bus parked on the right side of road is cause for accident - Driver of private bus ought to have taken steps to move bus on..........
Indian Penal Code, 1860, Section 279, 304A, 337, 338 -- Rash and negligent driving - Fatal accident - Accident not occurred due to rash and negligent driving of accused - There were several potholes found on the road and due to that front wheel of offending vehicle (Maxi cab) was punctured and went on to left side of road and turtled as a result of which deceased being..........
Indian Penal Code, 1860, Section 304A, 279 -- Reduction of sentence - Offence u/ss 304-A, 279 IPC - Admittedly, petitioner was driver of school bus in which deceased travelled from school to his house - On reaching his house, he was dropped there and petitioner started bus and deceased who was crossing road got crushed under the bus - However, incident not taken place on..........
Criminal Procedure Code, 1973, Section 427, Indian Penal Code, 1860, Section 279, 304A -- Concurrent running of sentences - Rash and negligent driving - Accused convicted in two different cases - Concurrent running of sentences awarded to accused in both the cases cannot be allowed...........
