Indian Penal Code, 1860, Section 279, 304A -- Rash and negligent driving - Collusion between bike and car - Death of driver of bike - PW1 complainant and eye witness of incident deposed that accident occurred due to fault of car driver - However, evidence on record shows that deceased was coming on bike while talking on mobile - Bike was coming in a high speed and hit..........
Indian Penal Code, 1860, Section 304A, 279 -- Rash and negligent driving - Accused driving his jeep rashly and negligently dashed in backside cycle of deceased - Deceased died on the spot and his cycle was broken - Alleged jeep was stationed in police chaunki on same day after accident by accused - Owner of vehicle is not produced by accused - PW1 was sole eye witness to..........
Indian Penal Code, 1860, Section 304A, 279 -- Rash and negligent driving - Quantum of sentence - Accused no where stated that he was authorized to drive alleged jeep and he had any driving licence - Driving of any vehicle by unqualified driver, at any public road, in a manner so rash and negligent as to endanger human life and causing death of any innocent person has..........
Indian Penal Code, 1860, Section 279, 304A, 337 -- Rash and negligent driving - Fatal accident - Tractor along with accused, deceased and eye witness rolled down for 10-15 feet - No injury sustained by accused as per prosecution - Fact that accused had not sustained any injury in accident seems improbable - Further, prosecution not offered any explanation for the same,..........
Indian Penal Code, 1860, Section 279, 304A, 337 -- Rash and negligent driving - Fatal accident - Eye witnesses to incident give divergent portrayal qua cause of accident - Even there are other auxiliary contradictions which render prosecution story tainted with doubts - Police recorded the statement of PW7/eye witness after delay of 6-7 days, which remained unexplained -..........
Indian Penal Code, 1860, Section 279, 304A -- Rash and negligent - Death of motorcyclist - Collusion between motorcycle and tanker lorry - Accident occurred while accused being driver of tanker lorry was trying to overtake another vehicle - However, evidence of PWs 6 and 8 and also spot sketch mark does not support prosecution case - Merely on the basis of rough sketch it..........
Indian Penal Code, 1860, Section 304A, 279 -- Offence u/ss 304-A, 279 IPC - Plea that no test identification was conducted - Plea held, not tenable as owner of truck which accused was driving has categorically admitted that accused was working with him since last 4 months and was driving truck at the time of accident - Conviction upheld...........
Indian Penal Code, 1860, Section 304A, 279 -- Rash and negligent driving - Death by negligence - Plea that deceased was wearing helmet while crossing the road and due to which his movement of neck was restricted as a result of which he could not notice truck coming on the road - Plea held, not tenable as it cannot be said that wearing of helmet would absolutely restrict..........
Indian Penal Code, 1860, Section 279, 304A -- Fatal accident - Rash and negligent driving - Reduction of sentence - Accused had undergone total sentence of 6 months and 16 days including remission of 20 days out of total sentence of one year and during his custody he was having good conduct in jail premises - No other criminal case is pending against accused - Since matter..........
Indian Penal Code, 1860, Section 279, 304A -- Reduction of sentence - Offence u/ss 279, 304-A IPC - Petitioner is sole bread earner of the family and he has two minor sons out of which one is physically challenged, therefore, petitioner is deep down in responsibilities of family life - Moreover, petitioner has undergone substantial part of sentence and it would not be..........
