Indian Penal Code, 1860, Section 304A -- Death - Rash and negligent act - Vehicle was being driven rashly and negligently and at a high speed so as to outrun chasing PCR van - Tempo was asked to stop but in view of the goods, which were loaded in vehicle, driver of tempo did not stop and went on to hit PCR van - Co-passenger was aware of cargo and did not want that police..........
Indian Penal Code, 1860, Section 304A -- Rash and negligent driving - No proof that accused was driving offending vehicle - Sole eye witness not supporting case of prosecution - No one saw accused driving offending vehicle - Local residents who took deceased to hospital after accident not associated - Vehicle intercepted at 2.30 pm. and statement of eye witnesses recorded..........
Indian Penal Code, 1860, Section 304A -- Death due to electrocution - Snapping of electric live wire due to constant rubbing with a tree which was standing in between the lines - Plea of Act of God rejected...........
Indian Penal Code, 1860, Section 304A, Criminal Procedure Code, 1973, Section 401 -- Death by negligence - Reduction of sentence - Applicant has already remained in jail for twenty days - Incident had taken place about 12 years back - No criminal antecedent is there against him - He is about 40 years of age - Fine amount imposed by Courts below has already been deposited -..........
Indian Penal Code, 1860, Section 304A, 279, Probation of Offenders Act, 1958, Section 4 -- Rash and negligent driving - Death - Benefit of probation under the Probation of Offenders Act - Not to be granted to the accused convicted for offence u/s 304-A IPC...........
Indian Penal Code, 1860, Section 279, 337, 338, 304A -- Rash and negligent driving - Reduction in sentence - Accused lost his control over the truck as it was driven in rash and negligent manner leading to death of five persons - Accused of young age and only earning hand in the family comprising his young wife, old and ailing parents - Maximum sentence of two years is on..........
Probation of Offenders Act, 1958, Section 4, Indian Penal Code, 1860, Section 279, 337, 338, 304A -- Rash and negligent driving - Death of five persons - In the matter of sentence approach should not be lenient...........
Indian Penal Code, 1860, Section 279, 337, 304A -..........
Indian Penal Code, 1860, Section 304A, Evidence Act, 1872, Section 9 -- Accident case - Court Identification - Instead of test identification parade - Propriety - Not a case where accused is shown to witnesses prior to his being identified in Court - Held, Court identification itself is good identification in the eyes of law - It is not always necessary that it must be..........
Indian Penal Code, 1860, Section 304A -- Negligence - Meaning of - (I) It means omission to do something which reasonable and prudent person guided by similar considerations would not do; (II) It is not absolute term but is relative one and rather a comparative term; (III) It is difficult to state with precision any mathematically exact formula by which negligence or lack..........
