Indian Penal Code, 1860, Section 304A, 279, 338 -- Rash and negligent driving - Fatal accident - Accident took place on the extreme left side of road - It was the accused himself who was driving offending vehicle and by coming from wrong side, hit the motorcycle of deceased, resulting in death of two persons - Merely because three male persons and one minor girl were..........
Indian Penal Code, 1860, Section 304A, 279, 338 -- Rash and negligent driving - Fatal accident - Reduction of sentence - Accused hit the motorcycle of deceased by coming from wrong side - Two persons have lost their lives and one sustained injuries - It was the accused who solely negligent in causing accident - No case is made out for reduction of sentence - Sentence..........
Indian Penal Code, 1860, Section 304A, 279 -- Death by rash and negligent driving - Reduction of sentence - Accused has undergone total sentence of 6 months and 6 days including remission - FIR was registered in 2015 and accused has faced agony of trial for more than 6 years - Accused is a first offender and only bread earner of family - Sentence of accused reduced to..........
Indian Penal Code, 1860, Section 304A, 279, Motor Vehicles Act, 1988, Section 187 -- Rash and negligent driving - Accident - A girl of 3 years was on the road without any assistance of any adult - Statement of accused u/s 313 Cr.P.C. that all of a sudden the girl came in the middle of road - Appears to be plausible - There is nothing to infer that accused was responsible..........
Indian Penal Code, 1860, Section 279, 337, 304A -- Rash and negligent driving - Accident - Collusion between motorcycle and car - Accident occurred due to rash and negligent driving of accused - Presence of eye witness/injured witness on the spot proved on record - Guilt of accused proved on record - However, since accident was not intentional, therefore, sentence awarded..........
Indian Penal Code, 1860, Section 279, 304A, 338 -- Rash and negligent driving - Identification of driver, driving the offending vehicle at the time of accident and manner in which accident had occurred disputed - From the material placed on record by way of evidence including statements of eye witnesses and site map, it cannot be said with certainty that accident had taken..........
Indian Penal Code, 1860, Section 279, 304A -- Rash and negligent driving - Accident - Deceased child died due to head injuries sustained in the accident - Evidence of eye witnesses coupled with medical evidence are cogent, consistent and convincing - Accused was present at the time of occurrence as per Mahazar witnesses - Discrepancy with regard to type and nature of..........
Criminal Procedure Code, 1973, Section 360, Probation of Offenders Act, 1958, Section 4, Indian Penal Code, 1860, Section 304A, 279 -- Benefit of probation - Accident - Rash and negligent driving - Accused is a lady having two children - She is not involved in any other case except this - Litigation has been going on for more than 7 years - Keeping in view nature of..........
Indian Penal Code, 1860, Section 279, 304A -- Rash and negligent driving - Driving at high speed is not in itself a negligent act - Speed is not a criterion to establish the fact of rash and negligent driving of a vehicle...........
Indian Penal Code, 1860, Section 279, 304A, 337, 338 -- Fatal accident - Rash and negligent driving - Nothing to indicate that accused was driving vehicle at a speed which would justify holding that he was driving vehicle rashly and negligently - Width of road not proved - Even, tyre marks not proved - No evidence on record to hold that death of two persons was direct..........
