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, 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 279, 337, 338 -- Rash and negligent driving by bus driver - Injuries sustained by PW1 and other passengers of bus due to accident - None of PWs stated with regard to high speed of vehicle - It was admitted that bus was driven in normal speed by accused - Except PW1, all PWs turned hostile - Injuries suffered by PW1 and other passengers were..........
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, 337, 338 -- Rash and negligent driving - Mere permission by accused to allow 80-90 people to board the vehicle/truck is itself a sheer negligence on his part...........
Indian Penal Code, 1860, Section 279, 337, 338 -- Rash and negligent driving - Accident occurred when vehicle/truck in question suddenly went off the road and fell into 150 feet deep gorge, as a result many people, travelling in the truck sustained injuries and some of them died on the spot - More than 80-90 people were travelling in the vehicle - All material witnesses..........
Indian Penal Code, 1860, Section 279, 337, 338, Probation of Offenders Act, 1958, Section 4(b) -- Rash and negligent driving - Benefit of probation - Rash and negligent driving on the part of accused not proved on record - However, action of accused in allowing 80-90 persons to board in ill fated truck suggests that he was negligent - Truck was also not in a good condition..........
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..........
