Indian Penal Code, 1860, Section 279, 304A -- Rash and negligent driving - Conviction - Compromise - Death of a young boy - A serious offence - However, in view of compromise by aggrieved family with accused sentence reduced to period of imprisonment already undergone subject to payment of fine imposed of Rs.5,000/-...........
Indian Penal Code, 1860, Section 279, 304A -- Offence u/ss 279, 304-A IPC - Reduction of sentence - Accused already remained in judicial lock up near about 5 months out of total sentence of 6 months - It is first offence of accused and he is not a habitual offender - Keeping in view the sole liability of accused to maintain his family, it would be in the interest of..........
Indian Penal Code, 1860, Section 279, 304A, 337 -- Rash and negligent driving - Accused convicted only on the basis of application in which he pleaded guilty - However, same is not available on record and was not even put to accused u/s 313 Cr.P.C. - Conviction solely on the basis of said application cannot be sustained - Moreover, evidence on record shows that accused was..........
Indian Penal Code, 1860, Section 302, 304A -- Nature of offence - Incident occurred in the dark night - Accused unable to visibly identify any human form ahead and fired from out of a zeal to scare the thieves which unfortunately hit the deceased - Fact that accused may be cautioned not to have shot because the risk existed of shot hitting to anybody who is present at the..........
Indian Penal Code, 1860, Section 304A, 279 -- Rash and negligent driving - Reduction of sentence - Incident occurred long back in the year 1996 - Parties settled the matter - In view of conduct of accused in removing the injured to hospital soon after the incident, sentence of accused set aside - However, compensation of Rs.50,000/- as directed by High Court remains the..........
Indian Penal Code, 1860, Section 279, 338, 304A -- Rash and negligent driving - Collusion between three wheeler and bus - Death of four passengers of three-wheeler - Three-wheeler being driven by complainant at the time of accident was proceeding in the wrong lane/road, giving no time at all to driver of bus to avoid hitting three-wheeler - Bus driver in such situation..........
Indian Penal Code, 1860, Section 279, 304A, 337 -- Accident - Rash and negligent driving - Eye witnesses to the incident unequivocally stated that deceased was hit by scooter being driven by accused in most rash and negligent manner at a high speed, which resulted into death of deceased - Version put by eye witnesses fully corroborated by medical evidence - Defence put by..........
Indian Penal Code, 1860, Section 279, 304A, 337, Probation of Offenders Act, 1958, Section 4(b) -- Accident - Rash and negligent driving - Benefit of probation - There is overwhelming evidence to suggest that vehicle was driven by accused in rash and negligent manner, thus no leniency can be shown to accused - Benefit of probation not granted to accused - However, taking..........
Indian Penal Code, 1860, Section 279, 304A, 337, 338 -- Rash and negligent driving - In "negligence" wrong doer breaks a positive duty and in "rashness" he breaks a negative duty...........
Indian Penal Code, 1860, Section 279, 304A, 337, 338 -- Rash and negligent driving - Collusion between lorry and car - Death of driver and one of passengers of car - Accident occurred due to rash and negligent driving of driver of offending vehicle - Place of occurrence is a curve and accused driving the lorry at a high speed which resulted in death of two persons - No..........
