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 driving - Appeal against acquittal - All the eye witnesses turned hostile except PW10, son of deceased - PW10, in his statement before Court neither disclosed the number of bus nor the name of driver - But in FIR he stated the name of driver - There is material contradiction in the statement of PW10 -..........
Indian Penal Code, 1860, Section 304A -- Death of school children by drowning - Negligence - Accused teacher checked water level/depth and after fixing point asked children not to proceed beyond that point - Another teacher did not state single word about negligence on part of accused - Nothing stated by witnesses about recklessness/criminal rashness of accused in..........
Indian Penal Code, 1860, Section 304A -- Medical negligence - Death at operation table - Prosecution failed to prove that respondents 1 and 2 administered thiopental in excess volume or that the administration was not made in accordance with the established procedure - Held, prosecution, thus failed to prove that act of accused amounts to gross negligence - Acquittal..........
Indian Penal Code, 1860, Section 304A -- Criminal negligence - Death due to drowning in swimming pool - Deceased himself surreptitiously and unauthorisedly entered pool which was meant for adult trained swimmer and drowned - No reliable evidence regarding any rashness negligence of any accused who were employed at swimming pool - Held, acquittal of accused proper...........
Indian Penal Code, 1860, Section 279, 304A -- Death by rash and negligent driving - In dying declaration there was no specific mention about rash and negligent driving - There was no specific materiel to show that accused was driving vehicle at the time accident took place - Name of the respondent was not mentioned in the dying declaration - Victim stated that he can..........
Indian Penal Code, 1860, Section 304A, 279 -- Negligence - Accident - Accident took place between mini bus and motorcycle - Death of motorcycle rider - It was alleged that the accident occurred when the driver was busy to change the tape recorder cassette - It is a merely hearsay evidence - Actually steering of minibus was locked - Evidence of mechanic also showed that..........
Indian Penal Code, 1860, Section 304A -- Falling of house resulting in death of 18 persons (two teachers and 16 students) sitting out door in the compound of school near the building which collapsed - Respondent-accused owner and principal of the school - Causa causans i.e. the immediate cause of occurrence was not the negligence or any rash act of the accused - Acquittal..........
Indian Penal Code, 1860, Section 304A, 279 -- Cyclist knocked down by speeding truck - Rash and negligent driving - Version of all witnesses contradictory to each other - Name of accused not mentioned in FIR - Presence of witnesses on the place of occurrence doubtful and based on suspicion only - No ground to interfere with judgment of acquittal passed by appellate Court...........
