Indian Penal Code, 1860, Section 279, 337, 304A, 114, Criminal Procedure Code, 1973, Section 482 -- Rash and negligent act - Death of 5 years old girl - Quashing of FIR - Mere fact that accused being father of deceased permitted his daughter to take her head out through the sun roof of car and her throat got slit by a string used for flying kite, by itself is not..........
Motor Vehicles Act, 1988, Section 147 -- Accident - liability of insurer - Merely producing a valid insurance certificate in respect of offending vehicle not enough for owner of offending vehicle to make insurance Company liable to discharge his liability arising from rash and negligent driving by driver of his vehicle - Insurance Company can be fastened with liability on..........
Indian Penal Code, 1860, Section 279, 337, 338, Motor Vehicles Act, 1988 -- Rash and negligent driving - Specific evidence is required to be adduced on record by prosecution to prove rash and negligent driving, if any, on part of accused - Mere allegations are not sufficient to hold accused guilty of having committed alleged offences...........
Indian Penal Code, 1860, Section 279, 337, 338, Motor Vehicles Act, 1988 -- Rash and negligent driving - Accused rashly and negligently driving motor cycle at the relevant time not proved by any of material PWs - None of PWs stated anything specific with regard to speed of motor-cycle, which dashed against bus - Specific evidence is required to be adduced on record by..........
Indian Penal Code, 1860, Section 279, 304A -- Rash and negligent driving - Material witnesses failed to identify the accused as a person who was driving the vehicle in question at the time of accident - Prosecution failed to prove its case - Conviction and sentence set aside - Accused acquitted...........
Indian Penal Code, 1860, Section 279, 336, 337, 338 -- Rash and negligent driving - Reduction of sentence - Petitioner already undergone imprisonment for 3 months and 1 day as against sentence of 2 years - He is first time offender and is facing agony of criminal proceedings since 2009 - There is no other case pending against him - Taking into account protracted trial,..........
Indian Penal Code, 1860, Section 304A, 279, 337 -- Rash and negligent driving - Fatal accident - Eye witness of incident stated that accident took place due to rash and negligent driving of accused resulting in death of his brother on the spot - Testimony of eye witness is corroborated by medical evidence - Impact of accident was so intense that vehicle rotated and turned..........
Indian Penal Code, 1860, Section 304A, 279, 337 -- Rash and negligent driving - Fatal accident - Testimony of eye witness - Presence of eye witness on the spot is doubted by defence - Minor discrepancy as to disclosure of time of start of journey of deceased as well as eye witness, would not put dent into prosecution case, when testimony of eye witness is recorded after..........
Indian Penal Code, 1860, Section 304A, 279, 337 -- Rash and negligent driving - Fatal accident - Identification of accused - Complainant identified accused in Court - No reason, motive or any enmity, whatsoever, has been put forth by accused that he has been falsely implicated in the case - Even owner of vehicle not taken any plea that his vehicle is not involved in..........
Ranbir Penal Code, 1989, Section 279, 304A, 337 -- Rash and negligent driving - Merely because accident has taken place negligence or rashness cannot be inferred...........
