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 304A, 337, 338 -- Rash and negligent driving - Petitioner drove the van rashly and negligently and caused death of deceased and grievous and simple injuries to witnesses - There are no material irregularities in conducting trial - Prosecution proved its case beyond reasonable doubt - Conviction upheld...........
Indian Penal Code, 1860, Section 304A, 337, 338 -- Rash and negligent driving - Reduction of sentence - Accident occurred in 2004 - Petitioner suffered imprisonment for a period of 14 days - He is more than 60 years of age and suffering from cancer and has been undergoing Chemotherapy treatment - Sentence reduced to period already undergone by accused...........
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, 304B, 306 -- Offence u/ss 304-A, 304-B, 306 IPC - Compromise - In offences resulting in death such as u/s 302, 304-A, 304-B, 306 IPC etc., deceased is primary victim - Because harm suffered is inevitable, no compromise by legal heirs can substitute voice of deceased - Therefore, it is not for accused and complainant to negotiate,..........
Indian Penal Code, 1860, Section 304A -- Rash and negligent driving - Testimony of PWs 2 to 4 coupled with testimony of PW7 proved the offence committed by accused beyond all doubt - There is no material on record to discard the trustworthiness of PWs and there is no material to disbelieve the contents of documents on record - Rash and negligence on the part of petitioner..........
Indian Penal Code, 1860, Section 304A -- Rash and negligent driving - Reduction of sentence - Incident occurred in 2011 and 13 years have already lapsed - However, there was a loss of one human life - Sentence reduced to 6 months from one year...........
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..........
