Indian Penal Code, 1860, Section 279, 304A, 337 -- Rash and negligent driving - Accused cannot be held to be negligent merely because he did not possess a driving licence...........
Indian Penal Code, 1860, Section 279, 304A, 337 -- Rash and negligent driving - Statements of PWs have attributed the accident to high speed - No person has mentioned approximate speed of motorcycle - None of PWs had witnessed accident - There is no other evidence to prove rashness and negligence of accused - Guilt of accused not proved - Acquittal upheld...........
Indian Penal Code, 1860, Section 279, 304A, 337, 338 -- Rash and negligent driving - Allegation that accident occurred due to rash and negligent act on the part of driver of offending bus - However, material witnesses have not deposed as to rash and negligent act on the part of driver of bus - They have also not deposed as to how accident occurred - They simply stated that..........
Indian Penal Code, 1860, Section 304A, 279 -- Rash and negligent driving - Neither prosecution has brought forth any evidence that petitioner was driving the vehicle nor any material has been taken on record regarding same - Even, there is no whisper in this regard in evidence of witnesses - No further evidence is brought on record to substantiate charge or to bring home..........
Indian Penal Code, 1860, Section 304A, 337 -- Rash and negligent driving - Eye witnesses have specifically stated that accused was driving bus in a very rash and negligent manner and at a high speed - Driver ought to have driven the bus on public way in a cautious manner, so that he could apply the brakes in time - Thus, apparently, driver of bus was not driving the bus..........
Indian Penal Code, 1860, Section 304A, 337 -- Rash and negligent driving - Reduction of sentence - Occurrence pertains to the year 2000 and as many as more than 24-1/2 years have passed ever since then - Accused does not have any criminal antecedents and is a first time offender - Therefore, subject to payment of fine as imposed and payment of Rs.1 Lac as compensation to..........
Indian Penal Code, 1860, Section 304A, 279 -- Rash and negligent driving - Accused being the driver of offending vehicle stands established not only by oral evidence but also on the documentary evidence on record, especially indemnity bond executed by owner of vehicle - Further, accident is not in dispute though accused has tried to deny the same at the time of recording..........
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 -..........
