Indian Penal Code, 1860, Section 304A, 279 -- Rash and negligent driving - Reduction of sentence - Petitioner not convicted or involved in any other case previously or after the present incident - Petitioner remained in jail for 22 days - Sentence awarded to petitioner reduced to period already undergone subject to deposit of enhanced fine of Rs.1 Lakh - Amount of fine so..........
Indian Penal Code, 1860, Section 279, 304A, 338 -- Rash and negligent driving - Non-examination of I.O - All PWs proved the factum of death of deceased due to rash and negligent driving of accused - Involvement of accused in committing the crime is clearly establishes - Non-examination of I.O not caused any prejudice to accused and is not fatal to prosecution - No..........
Indian Penal Code, 1860, Section 279 -- Rash and negligent driving - Mere speed alone may not be a criterion to find that a person was driving or riding on a public way rashly or negligently...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 279, Prevention of Damage to Public Property Act, 1984, Section 3(2)(a) -- Quashing of charge - Rash & negligent driving - Mischief - No intention or knowledge is required to attract the offence u/s. 279 IPC - Mischief on the other hand is an offence done by offender either with intention or with..........
Indian Penal Code, 1860, Section 279, 304A -- Rash and negligent driving - Conduct of accused - Accused driver of bus took the victims in his own bus to hospital - He did not try to run away from the spot - This immediate conduct of petitioner is a relevant fact - That rules out his guilty mind - Accused acquitted...........
Indian Penal Code, 1860, Section 279, 304A -- Rash and negligent driving - Accused while driving bus hit the scooterist as a result victim who was driving scooter died on spot - Wife and children of deceased were got admitted in hospital by accused himself - Delay of one day in lodging FIR - Wife of deceased not examined - I.O failed to mention the details of accident -..........
Indian Penal Code, 1860, Section 304A, 279, 337 -- Rash and negligent driving - Identity of accused - Not proved beyond reasonable doubt - Benefit always should be given to accused - Accused acquitted...........
Indian Penal Code, 1860, Section 279, 304A, 337 -- Death by rash and negligent driving - Identity of driver of offending vehicle - PWs stated that they had no opportunity to see the driver at the time of actual driving by driver of said vehicle - Owner of vehicle not examined - No materials collected by I.O from owner of vehicle to show that accused was actually driving..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 279, 304A -- Quashing of FIR - Rash & negligent driving - Compromise - Deceased was aged about seventy years and suddenly came in front of car of petitioner and there was no rashness or negligence on his part - Respondent Nos.2 & 3 are the only surviving legal heirs of deceased and confirm the..........
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..........
