Indian Penal Code, 1860, Section 304A -- Death due to electric shock - Deceased a maid died due to electric shock in the washing machine while working in the house of accused - Electric Inspector report that there was no defect in the working of washing machine - No offence u/s 304-A IPC is made out against accused - Accused liable to pay compensation of Rs.1 lakh to the..........
Indian Penal Code, 1860, Section 304A -- Offence u/s 304-A IPC - Death - Quantum of sentence - Accused, a young man, sentenced for one year imprisonment for causing death due to rash and negligent driving - Young age cannot be a plea to be accepted in all circumstances - Reduction of sentence to period of 24 days undergone only on basis of payment of compensation held,..........
Indian Penal Code, 1860, Section 279, 304A, Motor Vehicles Act, 1988, Section 146, 177 -- Rash and negligent driving - Death of pedestrian - Liability of motor cyclist - If pedestrian suddenly crosses road without taking note of vehicles plying through road, rider of motor cycle may not be in position to avoid accident - In such situation, it will not be possible to say..........
Indian Penal Code, 1860, Section 279, 304A -- Rash and negligent driving - Speed alone is not a criteria for deciding rashness and negligence of rider - Relationship between speed and rashness or negligence depend upon place and straight jacket formula is not possible to apply in all cases...........
Indian Penal Code, 1860, Section 304A -- Rash and negligent driving - Merely because an accident happened and a person died, there cannot be any presumption under the law that vehicle was driven by driver in a rash and negligent manner which resulted in death, unless and until prosecution proves by unimpeachable evidence that it was on the failure on part of accused to..........
Indian Penal Code, 1860, Section 304A -- Rash and negligent driving - Death of a boy aged 8 years - Nothing on record to prove that accident was a result of rash and negligent act on the part of accused - All PWs stated that vehicle was being driven slowly - Moreover, as to how accident happened, has not been proved by prosecution, much less any rash and negligent driving..........
Indian Penal Code, 1860, Section 304A -- Rash and negligent driving - Merely because an accident happened and a person died, there cannot be any presumption under the law that vehicle was driven by driver in a rash and negligent manner which resulted in death - Unless and until prosecution proves by unimpeachable evidence that it was on the failure on part of accused to..........
Indian Penal Code, 1860, Section 304A -- Rash and negligent driving - Death of a boy aged 8 years - Nothing on record to prove that accident was a result of rash and negligent act on the part of accused - All PWs stated that vehicle was being driven slowly - Moreover, as to how accident happened, has not been proved by prosecution, much less any rash and negligent driving..........
Indian Penal Code, 1860, Section 304A, 337, 357A -- Death by negligence - Electrocution - High Court reduced the sentence to 10 days without awarding any compensation - Order of High can be upheld only with modification that accused will pay compensation of Rs.2 lakhs to heirs of deceased within six month - In default, he will undergo RI for six months - In addition to the..........
Indian Penal Code, 1860, Section 304A -- Death in accident - Rash and Negligent Driving - Proof - Eye witness - Driver license of petitioner recovered from spot - No explanation as to how driving license came in police possession immediately after accident - Witness saw petitioner running away from spot after causing accident - Held, Petitioner was driving heavy vehicle,..........
