Indian Penal Code, 1860, Section 279, 304A -- Rash and negligent driving - Death of child aged 7 years - Protracted trial for 15 years - No ground to reduce the sentence as on account of rash and negligent act of accused life of child aged about 7 years was lost...........
Indian Penal Code, 1860, Section 279, 337, 338 -- Rash and negligent driving - Culpable negligence lies in the failure to exercise reasonable and proper care and the extent of its reasonableness will always depend upon the circumstances of each case - 'Rashness' consists in hazarding a dangerous or wanton act with the knowledge that it is so, and that it may cause injury -..........
Indian Penal Code, 1860, Section 279, 304A, Criminal Procedure Code, 1973, Section 320 -- Non compoundable offence - Compromise - Conviction u/ss 279 & 304-A IPC - Compromise during pendency of appeal in Supreme Court - Parties allowed to compromise - Conviction maintained - Fine enhanced from Rs.2, 000/- to Rs.20, 000/- to be paid to parents of deceased - Sentence reduced..........
Indian Penal Code, 1860, Section 279, 304A -- Death by rash and negligent driving - In dying declaration there was no specific mention about rash and negligent driving - There was no specific materiel to show that accused was driving vehicle at the time accident took place - Name of the respondent was not mentioned in the dying declaration - Victim stated that he can..........
Indian Penal Code, 1860, Section 304A, 279 -- Death for rash and negligent driving - Concurrent finding of trial Court and Session Court - No error of fact or law arrived at by both the Courts below - High Court should not re-appreciate the evidence and come to its own conclusion on the same unless there is gross miscarriage of justice - Finding of Courts below confirmed...........
Indian Penal Code, 1860, Section 279, 304A, Criminal Procedure Code, 1973, Section 357 -- Compensation - Death by rash and negligent driving - Mother of deceased filed affidavit that she does not have any grievance against appellant and it was an act of God - Conviction confirmed - Sentence of appellant reduced to the period already undergone by him - Appellant directed to..........
Probation of Offenders Act, 1958, Section 4, Indian Penal Code, 1860, Section 304A, 279 -- Rash and negligent driving - Death of a child - Conviction u/s 304-A and 279 IPC - Benefit of probation - Benefit of benevolent provision of S.4 of Probation of Offenders Act is not available to a convict u/s 304-A IPC...........
Probation of Offenders Act, 1958, Section 4, Indian Penal Code, 1860, Section 279, 304A -- Appellant a head constable entrusted with delivering wireless message - He drove vehicle negligently causing fatal accident - Accused convicted for offences under Ss.279, 304-A IPC - Accused faced agony of trial for 20 years - He had a good career throughout and was dismissed from..........
Indian Penal Code, 1860, Section 304A, 279, 337 -- Death by rash and negligent driving - Accused convicted and sentenced to 2 years imprisonment - Accused suffered protracted trial of 21 years - Accused committed no other offence during all these 21 years - Sentence reduced to already undergone...........
Indian Penal Code, 1860, Section 304A, 279 -- Death by rash and negligent driving - Conviction u/ss 304-A, 279 IPC - Accused sentenced to 9 months RI - Accused suffered protracted trial for 21 years - Already undergone 10 days imprisonment - Accused sole bread earner of his family - Sentence reduced to already undergone...........
