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,..........
Indian Penal Code, 1860, Section 279, 337, 338, Motor Vehicles Act, 1988, Section 185 -- Rash and negligent driving - No witness has stated on oath that vehicle was driven at a high speed - Site plan shows that there was a curve and it was not a case of a wide straight road - Vehicle had also not left the road but had turned turtle - Hence, by merely turning turtle,..........
Indian Penal Code, 1860, Section 279, 337, 338, Motor Vehicles Act, 1988, Section 185 -- Rash and negligent driving - No witness has stated on oath that vehicle was driven at a high speed - Site plan shows that there was a curve and it was not a case of a wide straight road - Vehicle had also not left the road but had turned turtle - Hence, by merely turning turtle,..........
Indian Penal Code, 1860, Section 279, 304A, 337 -- Rash and negligent driving - Occurrence took place in the night and lights of both the vehicles were broken and there was no source of light - It is thus, highly improbable that driver of other vehicle could identify driver of erring vehicle in the night - Driver of erring vehicle fled away from the spot - No..........
Indian Penal Code, 1860, Section 279, 338, Motor Vehicles Act, 1988, Section 187 -- Rash and negligent driving - Accident occurred when accused overtaking a tripper truck on a bridge - Admittedly, when it is a bridge overtaking is strictly prohibited - Since accused did not take proper care and was not supposed to overtake the vehicle on a bridge, accused rightly..........
Indian Penal Code, 1860, Section 279, 338, Motor Vehicles Act, 1988, Section 187 -- Rash and negligent driving - Sentence - Complainant was awarded sufficient amount under Motor Vehicles Act - Accused has no criminal antecedents - Sentence modified to fine of Rs.1000/-...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304A -- Bail - Rash and negligent driving - Accused who is doctor by profession, drove his car after consuming alcohol causing an accident which resulted in death of a person, a pregnant woman suffering miscarriage coupled with injuries to several persons - Argument with regard to vehicle getting..........
Indian Penal Code, 1860, Section 304A -- Offence u/s 304-A IPC - Reduction of sentence - Accused driving the vehicle at the relevant time in rash and negligent manner due to which one innocent person lost his life and two persons who were travelling in ambulance sustained injuries - However, High Court while reducing the sentence of accused has not considered the gravity..........
Indian Penal Code, 1860, Section 304A, 279, 337, 338 -- Rash and negligent driving - Rashness implies the speed which is unwarranted - Whereas act of negligence involves not taking proper care and attention while driving...........
