Indian Penal Code, 1860, Section 279, 337, 338 -- Accident - Rash and negligent driving - Injuries caused while boarding bus from the front door, as driver drove the bus - Duty of driver is to concentrate on the road and not on the passengers - Primary duty to keep an eye on passengers is of the conductor - Conductor not an accused in the case - Prosecution failed to prove..........
Indian Penal Code, 1860, Section 279, 337, 338 -- Accident - Rash and negligent driving - High speed alone cannot be the sole criteria to determine rashness and negligence...........
Indian Penal Code, 1860, Section 279, 337, 338 -- Accident - Rash and negligent driving - There cannot be any presumption of rashness or negligence - Onus is always upon prosecution to prove beyond reasonable doubt that vehicle in question was being driven rashly and negligently...........
Indian Penal Code, 1860, Section 279, 337, 338 -- Accident - Rash and negligent driving - None of material PWs have specifically stated anything with regard to rash and negligent driving - Identity of driver of offending vehicle at the time of accident not established - Contradictions and inconsistency found in evidence of these witnesses - High speed alone cannot be sole..........
Indian Penal Code, 1860, Section 279, 337, 338, 427 -- Reduction of sentence - Offence u/ss. 279, 337, 338, 427 - Petitioner is 24 years of age and has undergone substantial period of sentence - Even, no other case is pending against the petitioner, hence, sentence reduced from 1 year to 6 months u/s 338 IPC...........
Indian Penal Code, 1860, Section 279, 304A, 337, 338, 427 -- Fatal accident - Discharge application - No evidence on record that vehicle in question was being driven on the date and time of alleged accident by accused - Even there is no other corroborative evidence on record against accused except extra judicial confessional statement of accused before I.O and except to..........
Indian Penal Code, 1860, Section 279, 304A, 337, 338 -- Rash and negligent driving - Fatal accident - Accident not occurred due to rash and negligent driving of accused - There were several potholes found on the road and due to that front wheel of offending vehicle (Maxi cab) was punctured and went on to left side of road and turtled as a result of which deceased being..........
Indian Penal Code, 1860, Section 279, 304A, 337, 338 -- Reduction of sentence - Offence u/ss 304-A, 279, 337, 338 IPC - Petitioner is a first time offender and there is no other case pending against him - Petitioner has been facing agony of criminal proceedings since 2010 - Taking into account protracted trial, antecedents of petitioner coupled with the fact that he has..........
Indian Penal Code, 1860, Section 279, 338 -- Rash and negligent driving - Victim received injury on his right foot under rear tyre of bus, while alighting from bus, as accused started the bus without waiting for whistle of conductor - Conductor of bus not supported the prosecution case - Though there were many passengers in bus, but I.O not associated any of them as an..........
Indian Penal Code, 1860, Section 279, 337, 338, Motor Vehicles Act, 1988 -- Rash and negligent driving - Specific evidence is required to be adduced on record by prosecution to prove rash and negligent driving, if any, on part of accused - Mere allegations are not sufficient to hold accused guilty of having committed alleged offences...........
