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..........
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 279, 304A, Motor Vehicles Act, 1988, Section 184 -- Discharge of accused - Whether order discharging accused for certain offences will terminate proceedings against accused for those offences - When discharge is in respect of only offence triable exclusively by a court of sessions, the proceedings against the accused in the Sessions Court..........
Indian Penal Code, 1860, Section 279, 304A, Motor Vehicles Act, 1988, Section 184 -- Discharge of accused - Whether order discharging accused for certain offences will terminate proceedings against accused for those offences - When discharge is in respect of only offence triable exclusively by a court of sessions, the proceedings against the accused in the Sessions Court..........
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...........
Indian Penal Code, 1860, Section 304A, 279, 337, 338 -- Rash and negligent driving - Evidence of PW1 not corroborated by any evidence - Neither I.O has prepared a map/rough sketch nor trial Court has taken pains in recording directions correctly in evidence - Police patil is not eye witness to the incident as evidence is only relevant to what he has seen after the incident..........
Indian Penal Code, 1860, Section 304A, 279, 338 -- Rash and negligent driving - Speed alone cannot be a criteria to gauge that offending vehicle was driven in a rash and negligent manner...........
Indian Penal Code, 1860, Section 304A, 279, 338 -- Rash and negligent driving - Panch witness/PW4 has not stated that driver of offending vehicle was driving vehicle in a rash and negligent manner at the time of accident - Other panch witness/PW5 not supported prosecution case - No oral and documentary evidence available on record that accused was driving the offending..........
Indian Penal Code, 1860, Section 304A -- Rash and negligent driving - Victim tried to alight from a moving bus and fell down - Even if bus had slowed down as it was entering gate, victim was not supposed to alight from the moving bus unless it had come to a complete halt - Driver did not drove bus in rash and negligent manner - Accused acquitted...........
