Indian Penal Code, 1860, Section 279, 337 -- Accident - Rash and negligent driving - No specific evidence led on record by prosecution to prove rash and negligent driving by accused - Merely bald statement if any of complainant which was otherwise not supported by PW2 is not sufficient to conclude rash and negligent driving if any by accused - Contradictions and..........
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 -- Rash and negligent driving - Accident - Injured witnesses uniformly stated that accident occurred due to rash and negligent driving of offending vehicle driven by accused resulting in death of four persons apart from injuries to three - Identity of accused being driver of offending vehicle proved by overwhelming evidence..........
Indian Penal Code, 1860, Section 279, 304A, 337 -- Rash and negligent driving - Fatal accident - Reduction of sentence - Rash and negligent driving by accused proved on record which resulted in death of four persons apart from injuries to three - Yet trial Court awarded sentence only of 4 months imprisonment on each count of offence u/s 304-A IPC and only fine of Rs.100..........
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, 337, 304A -- Rash and negligent driving - Fatal accident - Collusion between two trucks - Sudden breakdown vis-a-vis break pipe of offending vehicle is proved on record - Accused losing control over offending vehicle due to such mechanical breakdown - He was thus, not negligent while driving, as there was mechanical breakdown of..........
Indian Penal Code, 1860, Section 279, 337, 304A, 114, Criminal Procedure Code, 1973, Section 482 -- Rash and negligent act - Death of 5 years old girl - Quashing of FIR - Mere fact that accused being father of deceased permitted his daughter to take her head out through the sun roof of car and her throat got slit by a string used for flying kite, by itself is not..........
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...........
