Indian Penal Code, 1860, Section 304A -- Rash and negligent driving - High Speed - Driving a vehicle at a speed of 100 km per hour - Cannot be said to be high speed - Speed could be assessed as high, if it exceeds the limit of 100 km. per hour...........
Indian Penal Code, 1860, Section 304A -- Rash and negligent - Meaning - A negligent act is an act done without doing something which a reasonable man guided upon those considerations which ordinarily regulate the conduct of human affairs would do or act which a prudent or reasonable man would not do in the circumstances attending it - A rash act is a negligent act done..........
Indian Penal Code, 1860, Section 304A -- Death by rash and negligent driving - Bus driven enormously at a high speed near a school and death caused of a 10 year boy - Conviction u/s 304 Part II IPC on the ground that when accused was driving bus at enormous speed near a school and acted with knowledge that it was likely to cause death - Appropriate conviction is u/s 304-A..........
Indian Penal Code, 1860, Section 304A -- Provision applies to cases where there is no intention to cause death and no knowledge that the act done in all probabilities will cause death - It applies only to such acts which are rash and negligent and are directly the cause of death of another person - Rashness and negligence are essential elements - Doing an act with the..........
Indian Penal Code, 1860, Section 304A -- Rash and negligent driving - Truck stopped to carry passengers - Motor cyclist tried to cross the truck from behind - Truck moved and an angle attached on back side struck motor cycle and it fell down - Accused cannot be said to have driven his vehicle in rash and negligent manner - Conviction cannot be sustained...........
Indian Penal Code, 1860, Section 304A -- Medical negligence - Contention that petitioner kept on giving the routine medicines to patient and no tests were got conducted - Diagnosed correctly by petitioner who was a specialist in paediatrics and treatment by him of the patient for pneumonia - There is no opinion from the doctor that any of the medicines being prescribed by..........
Indian Penal Code, 1860, Section 304A, 279, Probation of Offenders Act, 1958, Section 4 -- Probation - Rash and negligent driving - Conviction of the petitioner by Courts below do not call for any interference - Mitigating circumstances that petitioner has already undergone two and half months of actual sentence - He had faced trial for about five years - He is the sole..........
Indian Penal Code, 1860, Section 304A -- Rash and negligent driving - Death - Truck driven rashly and negligently struck motor cycle and death of motor cyclist on spot - Truck taken into possession by police - No suggestion put to witnesses regarding negligence on the part of motor cyclist - Accused facing trial for 17 years - Conviction sustained - Sentence modified to..........
Probation of Offenders Act, 1958, Section 4, Indian Penal Code, 1860, Section 304A, Criminal Procedure Code, 1973, Section 357 -- Death by rash and negligent driving - Accused convicted and sentenced to one years RI and fined Rs.1,000/- - Incident 19 years old - Accused already undergone 4-1/2 months of imprisonment - Sentence reduced to already undergone...........
Indian Penal Code, 1860, Section 279, 304A, Probation of Offenders Act, 1958, Section 4 -- Rash and negligent driving - Conviction u/s 279 and 304-A IPC - Incident 17 years old - Accused remained in custody for one month - Accused ordered to be released on probation and to deposit a sum of Rs.5,000/- as compensation payable to heirs of deceased...........
