Indian Penal Code, 1860, Section 304A, 279 -- Rash and negligent driving - Reduction of sentence - Injured was shifted by petitioner in his own vehicle for medical care - Imprisonment period reduced from one year to six months...........
Indian Penal Code, 1860, Section 279, 304A, Probation of Offenders Act, 1958, Section 4 -- Rash and negligent driving - Benefit of probation - Incident occurred without any malicious intent on the part of appellant - Appellant is extended benefit of probation - Sentence of S.I. of six months set aside - Since, there are ten surviving legal heirs of deceased and mostly are..........
Indian Penal Code, 1860, Section 279, 304A, 427 -- Rash and negligent driving - Testimony of eye witness/PW5 - PW5 neither identified truck which is alleged to have hit deceased nor identified petitioner as driver of said truck - Evidence of PW5 cannot be taken as sufficient to connect petitioner to be driver of offending vehicle - I.O. has not been examined as a witness -..........
Indian Penal Code, 1860, Section 304A, 279 -- Rash and negligent driving - Mere high speed does not amount to any negligence on part of accused...........
Indian Penal Code, 1860, Section 304A, 279 -- Rash and negligent driving - Informant did not support prosecution case - Testimony of other PWs also does not establish prosecution case - Accused cannot be held liable based on high speed alone without any further evidence that accused was in breach of his duty to take care which he had failed to do so - Acquittal upheld...........
Indian Penal Code, 1860, Section 279, 304A -- Rash and negligent driving - None of PWs is eye witnesses to occurrence - PWs has not actually seen petitioner driving vehicle prior to accident or even on the date of occurrence - Knowledge of PWs about involvement of petitioner in alleged occurrence is hearsay in nature - PWs came to know about it after enquiring from others..........
Indian Penal Code, 1860, Section 279, 304A -- Rash and negligent driving - Collusion between lorry and two wheeler - Death of driver of two wheeler - Petitioner/driver of lorry dashed two wheeler driven by deceased from behind - Crushing of skull, lacerations extended up to brain and other injuries would confirm that lorry was driven in a rash and negligent manner with..........
Indian Penal Code, 1860, Section 304A, 279 -- Rash and negligent driving - Reduction of sentence - Identity of accused stands duly established - Medical evidence shows that deceased suffered injuries in an accident and died - Rash and negligent driving on the part of accused stands established beyond reasonable doubt - Occurrence pertains to the year 2002 and as many as 22..........
Indian Penal Code, 1860, Section 304A, 279, 332, Evidence Act, 1872, Section 9 -- Rash and negligent driving - Non-conducting of Test Identification Parade - Multiple passengers were travelling in the canter being driven by accused - They suffered injuries in the accident and three persons lost their lives - Injured witnesses had ample opportunities to see accused during..........
Indian Penal Code, 1860, Section 304A, 279, 332 -- Rash and negligent driving - Accused was driving canter carrying 20/22 passengers at a high speed - While negotiating a turn he could not control the canter and it fell into a ditch on the side of the road despite the fact that road was quite wide - Had canter not been driven at a high speed and in a rash and negligent..........
