Indian Penal Code, 1860, Section 279, 304A, 337, 338 -- Rash and negligent driving - Reduction of sentence - Petitioner is having his aged mother and unmarried daughter aged 24 years as dependents - No criminal antecedents is reported against petitioner - Substantive sentence reduced to some extent - Direction issued...........
Indian Penal Code, 1860, Section 304A -- Offence u/s 304-A IPC - Compromise - Quashing of proceedings - Quashing of cases u/s 304-A IPC, other than road accidents, can be quashed depending upon the facts and circumstances of each case, role assigned to accused, mens rea and guilt of such person...........
Indian Penal Code, 1860, Section 304A -- Rash and negligent act - Death by electrocution - Compromise - Quashing of FIR - Deceased died due to electrocution while performing plumbering work in the house of petitioner - However, wife of deceased compromised the matter and stated that after the incident she visited house in question and came to know that there was no such..........
Indian Penal Code, 1860, Section 279, 304A, 337, 338 -- Rash and negligent driving - Accused was 52 years of age at the time of accident - Statement given by PW6 before police with regard to mini lorry driver being an elderly person and his subsequent testimony before trial Court therefore is not found to be so significantly different, which might amount to contradiction -..........
Indian Penal Code, 1860, Section 279, 304A, 337, 338 -- Rash and negligent driving - Sentence - Accused was arrested on 10.5.2024 and by now he has been in custody for about 117 days - Sentence of accused modified to period already undergone by him - However, considering the fact that accused is a poor person and is now aged about 69 years having several medical issues,..........
Indian Penal Code, 1860, Section 279, 304A -- Rash and negligent driving - Material on record shows that soon after the incident, without attending the injured, accused ran away from the spot - It is the other inmates who have shifted the injured to the hospital and injured succumbed to injuries next day of the incident - In the absence of any explanation offered by..........
Indian Penal Code, 1860, Section 279, 304A, 337 -- Rash and negligent driving - PW18, one of victim of mishap stated that accused/bus driver drove the bus speedily despite knowing the bus was overloaded with passengers, resulting in its turning over - Victim denied the defence version that accident occurred due to sudden coming over of a stray animal on the road - Police..........
Indian Penal Code, 1860, Section 279, 304A, 337 -- Rash and negligent driving - Reduction of sentence - Incident occurred in 1995 and accused now attained the age of 51 years - Accused has already served the sentence of about 1 month 5 days out of maximum sentence of 2 years S.I - However, due to rash and negligent act of accused four persons succumbed to death - There is..........
Indian Penal Code, 1860, Section 279, 304A -- Rash and negligent driving - Expression "fast speed" or "high speed" is a relative term and merely driving the vehicle at "fast speed" by itself may not tantamount to "rashness" and "negligence"...........
Indian Penal Code, 1860, Section 279, 304A -- Rash and negligent driving - Accident occurred when deceased was crossing the road at a point other than zebra crossing and no traffic signal is shown near the spot of accident, in the site plan - Two eye witnesses of the incident have not given any description about the manner in which offending vehicle was being driven so as..........
