Indian Penal Code, 1860, Section 304A, 279 -- Rash and negligent driving - Identification of accused - Identification parade not held - No evidence that driver was known to witnesses - Identification of driver by witnesses for first time in Court is of no value - No evidence as to who was driving vehicle - Failure of prosecution to establish identity of driver - Accused..........
Indian Penal Code, 1860, Section 304A -- Death - Rash and negligent act - Vehicle was being driven rashly and negligently and at a high speed so as to outrun chasing PCR van - Tempo was asked to stop but in view of the goods, which were loaded in vehicle, driver of tempo did not stop and went on to hit PCR van - Co-passenger was aware of cargo and did not want that police..........
Indian Penal Code, 1860, Section 304A -- Rash and negligent driving - No proof that accused was driving offending vehicle - Sole eye witness not supporting case of prosecution - No one saw accused driving offending vehicle - Local residents who took deceased to hospital after accident not associated - Vehicle intercepted at 2.30 pm. and statement of eye witnesses recorded..........
Indian Penal Code, 1860, Section 304A, 279, Probation of Offenders Act, 1958, Section 4 -- Rash and negligent driving - Death - Benefit of probation under the Probation of Offenders Act - Not to be granted to the accused convicted for offence u/s 304-A IPC...........
Indian Penal Code, 1860, Section 279, 337, 338, 304A -- Rash and negligent driving - Reduction in sentence - Accused lost his control over the truck as it was driven in rash and negligent manner leading to death of five persons - Accused of young age and only earning hand in the family comprising his young wife, old and ailing parents - Maximum sentence of two years is on..........
Probation of Offenders Act, 1958, Section 4, Indian Penal Code, 1860, Section 279, 337, 338, 304A -- Rash and negligent driving - Death of five persons - In the matter of sentence approach should not be lenient...........
Indian Penal Code, 1860, Section 304A, Evidence Act, 1872, Section 3 -- Rash and negligent driving - Conduct of driver - Relevant factor - After accident, bus driver moved the bus away to different point - Held, if accused was innocent then he would have left vehicle at the place of accident to show that he was on his proper side for driving and jeep trying to overtake..........
Indian Penal Code, 1860, Section 304A, 304(Part II) -- Nature of offence - Rash and negligent driving - Intoxication - Accused was in an inebriated state, after consuming excessive alcohol, he was driving the vehicle without licence, in a rash and negligent manner in a high speed which resulted in the death of six persons - Accused had sufficient knowledge that his action..........
Indian Penal Code, 1860, Section 304(Part II), 304A -- Rash and negligent driving - Reduction in sentence - Mitigating circumstance - Accused caused death of 6 persons by rash and negligent driving - Accused convicted and sentenced to undergo R.I. for 2 years - Accused paid a sum of Rs. 65 lakhs to victims or their relatives - There is no mitigating circumstance to reduce..........
Indian Penal Code, 1860, Section 304A, 304(Part II), Motor Vehicles Act, 1988, Section 9 -- Rash and negligent driving - Driving licence issued by a foreign country - Is not valid in India, as person who is conversant in driving a motor vehicle in United States and European countries may not be familiar with the road conditions in India...........
