Criminal Procedure Code, 1973, Section 468, 473, 482, Indian Penal Code, 1860, Section 304A -- Delay of 17 days in filing charge sheet - High Court by exercise its power u/s 482, Cr.P.C., condoned the same in the interests of justice in view of the fact that two lives have been lost and it will be a travesty of justice if accused is allowed to go scot-free on the ground of..........
Indian Penal Code, 1860, Section 304A -- Offence u/s 304-A IPC - Not an offence which is private in nature, but is offence which has serious impact on society as a whole - Such an offence therefore, cannot be quashed on ground of compromise/settlement...........
Indian Penal Code, 1860, Section 279, 304A, Criminal Procedure Code, 1973, Section 482 -- Rash and negligent driving - Death of pedestrian - Quashing of FIR - Deceased aged 70 years while crossing road lost his balance and dashed against motorcycle of petitioner and died - No evidence on record that petitioner was driving vehicle at high speed or recklessly or negligently,..........
Indian Penal Code, 1860, Section 279, 304A, Evidence Act, 1872, Section 102 -- Accident - Rash and negligent driving - Eye witnesses not supported the prosecution case - Prosecution failed to prove that it was accused and accused alone who was driving the vehicle at the time of accident - Merely because accused was engaged as a driver of offending vehicle, ipso facto..........
Indian Penal Code, 1860, Section 279, 304A, Evidence Act, 1872, Section 102 -- Accident - Rash and negligent driving - Onus to prove - Prosecution failed to prove that it was accused who was driving the offending vehicle at the time of accident - When defence of accused was that he was not driving the vehicle at the time when accident took place, in such situation, onus..........
Criminal Procedure Code, 1973, Section 300, Indian Penal Code, 1860, Section 304A, 279, 338, Constitution of India, 1950, Article 20(2) -- Double jeopardy - Initially offence registered u/s 379 IPC, but subsequently due to death of victim case registered u/s 304-A IPC - Offence u/s 379 IPC is distant and separate from offence u/s 304-A IPC though second offence arise out..........
Indian Penal Code, 1860, Section 304A -- Medical negligence - Death of patient - Error in judgment of doctor - Does not come within rash and negligent act contemplated u/s 304-A IPC - No offence made out against doctor - Proceedings qua doctor quashed...........
Indian Penal Code, 1860, Section 304A, 279, 337 -- Rash and negligent driving - Collusion between bus and jeep - Six persons died in the accident - Bus was driven on the correct side of road - There was enough space for the jeep to pass - Statements of DWs who were sitting in the bus shows that bus was being driven slowly as just prior to accident and jeep collided with..........
Criminal Procedure Code, 1973, Section 354, Constitution of India, 1950, Article 137, Indian Penal Code, 1860, Section 304A -- Reduction of sentence - Principle of parity - Uphaar Cinema Tragedy - In the instant case, appellants, licensee and person actually running cinema and all are equally responsible for tragedy - However, sentence of licensee reduced to period already..........
Indian Penal Code, 1860, Section 304A -- Medical negligence - Negligence in detecting death of foetus - Death of foetus not detected during clinical examination - Due attention and care required not given - However, this is not a reason for criminal prosecution for an offence u/s 304-A IPC as it is not a case of prosecution that accused committed any criminal negligence..........
