Indian Penal Code, 1860, Section 279, 304A -- Rash and negligent driving - Factum of death owing to accident in question deposed by PW1 and PW2 but they not cross-examined on this aspect by defence - It is thus, u, rebutted and uncontroverted and same is to be taken with intact evidence - Moreover, on basis of PWs as well as formal exhibits proved by I.O as well as..........
Indian Penal Code, 1860, Section 279, 304A, 337 -- Rash and negligent driving - Reduction of sentence - Incident occurred in 1990 - Accused has undergone a period of 4 days in custody of total 4 months and also suffered agony and trauma of protected trial for last 30 years - Offence awarded under the alleged offences reduced to period already undergone by him - However,..........
Indian Penal Code, 1860, Section 304A, 279 -- Reduction of sentence - Offence u/ss 304-A, 279 IPC - Admittedly, petitioner undergone 5 months and 21 days of actual sentence out of total sentence of two years - As per `Saurabh Bakshi case' petitioner is required to undergo 6 months of sentence - There is a shortfall of only 9 days therefore, no useful purpose will be served..........
Indian Penal Code, 1860, Section 279, 304A -- Fatal accident - Rash and negligent driving - PW2, only eye witness to the incident stated that vehicle was not driven at a speed - Prosecution not stated that vehicle in question was being driven on a public road - Even story of prosecution of rashness also becomes doubtful - However, post mortem report of deceased shows that..........
Indian Penal Code, 1860, Section 279, 304A -- Rash and negligent driving - Eye witnesses to the incident not stated that alleged accident has taken place due to rash and negligent act of driver/accused - PW2 and deceased were standing together and PW3 was standing behind the deceased, if really bus has come in a rash and negligent manner and thereafter it went and stopped..........
Indian Penal Code, 1860, Section 279, 337, 338, Criminal Procedure Code, 1973, Section 482 -- Accident - Rash and negligent driving - Compromise - Quashing of FIR - Offence in question is simple in nature - Complainant is no more interested in carrying on with criminal proceedings - No fruitful purpose would be served in continuing with criminal proceedings - FIR and..........
Indian Penal Code, 1860, Section 279, 337, 338, 304A -- Offence u/ss 279, 337, 338, 304-A IPC - Reduction of sentence - Compromise arrived at between parties - Keeping in mind antecedents as well as fact that petitioner had already undergone 20 days sentence, ends of justice would be met if sentence is reduced to period already undergone by him in confinement...........
Indian Penal Code, 1860, Section 279, 337, 338 -- Accident - Rash and negligent driving - Injuries caused while boarding bus from the front door, as driver drove the bus - Duty of driver is to concentrate on the road and not on the passengers - Primary duty to keep an eye on passengers is of the conductor - Conductor not an accused in the case - Prosecution failed to prove..........
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 279, 337 -- Rash and negligent driving - Photographs showing tyre marks were withheld by prosecution - Available photographs clearly show that there was dent on right side of car so there was no head collusion as alleged by prosecution - Photographs on record shows that after accident jeep went 24 feet ahead and accident occurred in sliding..........
