Indian Penal Code, 1860, Section 279, 304A, 427 -- Rash and negligent driving - Identity of accused - PW4 was not present at the spot and has been introduced as an eye witness of occurrence later on - Statement of PW4 is absolutely not reliable regarding identity of accused as a driver of offending vehicle - PW7, owner of offending vehicle turned hostile and denied to have..........
Indian Penal Code, 1860, Section 279, 304A, 337, 338 -- Rash and negligent driving - Collusion between car and tractor fixed with water tanker - Damage to the front side of car would itself indicate that as to at what speed, car must be coming when it hit the tractor fixed water tanker from behind - Even, if it assumed that accused driving the tractor suddenly applied..........
Indian Penal Code, 1860, Section 279, 304A, 337 -- Rash and negligent driving - Accused was driving vehicle speedily and resulting in death of three persons and injuries to witnesses - Though accused raised multiple defences and all the witnesses denied the fact that accident occurred due to some mechanical defect in vehicle or due to sudden bursting of a tyre or coming up..........
Indian Penal Code, 1860, Section 304A -- Rash and negligent driving - Identification of accused - Eye witness/PW1 identified accused as driver of crime lorry and deposed that he is responsible for the incident - Owner of vehicle/PW3 also deposed that on the date of incident, accused was the driver of lorry and he handed over the vehicle record to police - Nothing was..........
Indian Penal Code, 1860, Section 304A -- Rash and negligent driving - Accused drove the lorry in a rash and negligent manner and dashed against deceased who was sitting on a chair in front of her house resulting his death - PW1/eye witness of incident was in the verandha at the time of incident and accident occurred in front of her house - There is no material on record to..........
Indian Penal Code, 1860, Section 304A -- Rash and negligent driving - Sentence - Incident occurred in 2008 and 16 years have already lapsed - Sentence reduced to 3 months from 6 months for offence u/s 304-A IPC...........
Indian Penal Code, 1860, Section 279, 304A -- Rash and negligent driving - Collusion between truck and motorcycle - Death of motorcyclist - Place of incident is shown to be about 20 feet wide - Photograph shows truck towards its extreme left hand side - Accident had taken place towards left side of road shows that truck driver was not driving the truck towards wrong side -..........
Indian Penal Code, 1860, Section 279, 304A -- Rash and negligence driving - Death of 7 years old child - No witness has asserted that driver was operating his jeep rashly or negligently - Parents of child/deceased were pre-occupied in alighting the truck and unloading their luggage leaving them no control over activities of child - In such circumstances, since the numerous..........
Indian Penal Code, 1860, Section 304A, 337, 338 -- Death by rash and negligent driving - Incident occurred due to breakage of pin attached in between the tractor and trailer, trailer was separated from tractor which resulted into the incident - No evidence on record that there is negligence on the part of driver for damage of pin - Opinion regarding mechanical defect of..........
Indian Penal Code, 1860, Section 279, 304A -- Death by rash and negligent driving - Reduction of sentence - FIR lodged in the year 2013 - Accused has suffered the agony of trial for more than 10 years - He is not involved in any other criminal activity after his conviction - No other criminal case is pending against accused - Out of substantive sentence of 1-1/2 years,..........
