Indian Penal Code, 1860, Section 304, 304A -- Distinction between S.304 & S.304-A IPC - Element of knowledge is common under both the provisions but extent and ambit of such knowledge is different - Knowledge coupled with ignorance of consequences would amount to negligence but act done without knowledge would fall u/s 304-A IPC - Charge u/s 304 quashed - Case remanded for..........
Indian Penal Code, 1860, Section 304A, 338 -- Death due to rash and negligent driving by accused - Accused convicted and sentenced to undergo RI for one year - Probation sought on the ground that incident was 17 years old and accused was sole bread earner of the family - Held, Court should not as a normal rule extend benefit of probation to a person convicted for causing..........
Indian Penal Code, 1860, Section 304A, 279 -- Accident - Accused charged u/ss 279 and 304-A IPC - Ruqa clearly confirmed the presence of complainants at the spot - Mere fact that complainant did not give the complete number of the bus in his statement does not belie the prosecution version particularly when he has duly identified the bus in Court - Non disclosure of..........
Indian Penal Code, 1860, Section 304A -- Medical negligence - Death of a patient after delivery due to excessive bleeding from the private part - Inspite of immediate treatment bleeding could not be stopped - Opinion of independent medical expert showed that accused doctor was well qualified and duly trained in handling delivery cases - Medicines administered and line of..........
Indian Penal Code, 1860, Section 304A, 279, 337 -- Rash and negligent driving - Killing of three persons and injuring others by driving tanker rash and negligently - Accident occurred at night time at 2.30 a.m. - Accused fled from the spot but identified by the injured person - Owner of the tanker admitted that accused was driver on tanker on day of occurrence - Accused..........
Probation of Offenders Act, 1958, Section 4, Indian Penal Code, 1860, Section 304A -- Death due to rash and negligent driving - Accused 25 years of age seeking benefit of probation - Held, provisions of probation cannot be invoked when accused is convicted u/s 304-A IPC...........
Indian Penal Code, 1860, Section 304A -- Rash and negligent driving - Death of cyclist - Tanker turned turtle after hitting the bicycle - Even accused himself was pulled out from cabin of tanker - Held, these circumstances warrant an inference that accused drove tanker rash and negligently - Accused convicted and sentenced to one year and to pay a fine of Rs.10, 000/- - No..........
Indian Penal Code, 1860, Section 304A -- Death by negligence - Deceased when was alighting from the bus, accused driver suddenly started the bus, as a result of which, deceased fell down and sustained injuries - Held, it cannot be said that accused driver was not aware about the deceased alighting from the bus - It was the basic duty of the driver to ascertain as to..........
Indian Penal Code, 1860, Section 304A -- Medical negligence - Prosecution allegation that deceased a patient admitted in petitioner's clinic sustained injuries in wrist by way of fall on the ground and died due to negligence of doctor - Symptoms indicated that deceased had suffered not only injury on the wrist but also head injury though he was not conscious of the same -..........
Indian Medical Council Act, 1956, Section 15(3), Criminal Procedure Code, 1973, Section 464, Indian Penal Code, 1860, Section 304A -- Medical negligence - Accused practicing allopathic system of medicine though possessed licence issued by Bihar State Ayurvedic and Yunani Medicine Council - Death of a person to whom accused gave injections and tablets - Samples of..........
