Indian Penal Code, 1860, Section 279, 304A -- Rash and negligent driving - Reduction of sentence - Accused has undergone total sentence of nine months including remission - He has faced agony of trial for more than 18 years - Accused is first time offender and he is only bread earner of family - Sentence of accused thus, reduced to period already undergone by him subject..........
Indian Penal Code, 1860, Section 279, 304A, 337 -- Rash and negligent driving - Merely because witness did not state that accused was driving in a rash and negligent manner would not be a ground to acquit accused, particularly when circumstances of a case would establish that accused was driving in a rash and negligent manner...........
Indian Penal Code, 1860, Section 279, 304A, 337 -- Rash and negligent driving - Accused was driver of offending vehicle which was driven rashly and negligently, struck the motor cycle of injured and deceased leading to death of deceased and injuries to PW3 - Offence having been clearly established from version of eye witnesses as also material on record - Accused rightly..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 304A, 114, 120B, Motor Vehicles Act, 1988, Section 177, 184, 134 -- Bail - Murder of wife by husband - Accused hatched a criminal conspiracy with co-accused to kill his wife and tried to make out an accidental case for monetary benefits - High Court while releasing accused on bail has not at..........
Indian Penal Code, 1860, Section 279, 304A, 337 -- Rash and negligent driving - Complainant who was pillion rider also suffered injuries, did not support prosecution case and resiled from his previous statement - Eye witness of case turned hostile - Other four eye witnesses of incident not examined and no explanation given for the same - Prosecution failed to prove its..........
Indian Penal Code, 1860, Section 279, 304A -- Fatal accident - Rash and negligent driving - Father of deceased and eye witness proved that accused was driving tractor-trolley in a rash and negligent manner and on the account of which deceased fallen from said vehicle and died because of vehicle running over him - Medical evidence supported prosecution case - I.O. along..........
Indian Penal Code, 1860, Section 279, 304A -- Fatal accident - Rash and negligent driving - Reduction of sentence - Incident is of year 2012 - Accused never misused the concession of bail granted to him - He is 28 years of age and he is the sole bread winner of family - Accused has already undergone 1 month 4 days of actual custody and has earned no remission - Sentence..........
Indian Penal Code, 1860, Section 279, 304A, Motor Vehicles Act, 1988, Section 181 -- Rash and negligent driving - Reduction of sentence - No allegation against accused that at the time of accident he was under influence of liquor or any other substance impairing his driving skills - It was a rash and negligent act simpliciter and not a case of driving in an inebriated..........
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..........