Indian Penal Code, 1860, Section 279, 304A, Probation of Offenders Act, 1958, Section 4 -- Rash and negligent driving - Conviction u/s 279 and 304-A IPC - Incident 17 years old - Accused remained in custody for one month - Accused ordered to be released on probation and to deposit a sum of Rs.5,000/- as compensation payable to heirs of deceased...........
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 -- Rash and negligent driving - Bus driver - Death of cyclist - No tyre marks or skid marks found on road - Driver could stop bus within 30 feet - Shows that bus was driven at high speed - Evidence that cyclist fell down of his own fault - Very fact that deceased was hit by rear tyres of bus belies the evidence of prosecution witnesses..........
Indian Penal Code, 1860, Section 304A -- Accused started quarreling with his wife - Son intervened to save mother - Accused picked up a chopper and inflicted a cut injury on his son on the back of the left leg below the knee - Several villagers assembled but accused prevented them from entering his house being in an inebriated state - Death due to excessive bleeding -..........
Indian Penal Code, 1860, Section 279, 304A, Criminal Procedure Code, 1973, Section 439 -- Suspension of sentence during pendency of revision - Accused convicted u/ss 279, 304-A IPC - Accused in jail for about 36 days - Fine amount already deposited - Sentence ordered to remain suspended during pendency of revision subject to furnishing a bail bond in the sum of Rs.25,000/-..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 279, 304A -- Death by rash and negligent driving - Conviction - Fine amount already deposited - Accused in jail for one month and seven days - Sentence suspending and bail granted on furnished bail bond in the sum of Rs.25,000/- with two solvent sureties in the like amount each...........
Probation of Offenders Act, 1958, Section 4, Indian Penal Code, 1860, Section 304A, 279 -- Death by rash and negligent driving - Accused convicted and sentenced to 9 months RI and to pay to pay fine of Rs.500/- - Occurrence 17 years old - Accused now 62 years of age - Accused released on bail...........
Indian Penal Code, 1860, Section 279, 304A -- Death by rash and negligent driving - Evidence of shop keeper whose shop located where accident took place - Not an interested witness - Totally impartial witness - Gave meticulous account of the occurrence - His statement alone is sufficient to hold the accused guilty...........
Indian Penal Code, 1860, Section 304A -- 'Gross' - In criminal law negligence or recklessness must be of such a high degree as to be 'gross' - Expression 'rash or negligent act' occurring in the provision has to be read as qualified by the word 'grossly'...........
Indian Penal Code, 1860, Section 304A -- Medical negligence - Prosecution of a doctor - To prosecute a medical professional for negligence under criminal law it must be shown that the accused did something or failed to do something which in the given facts and circumstances no medical professional in his ordinary senses and prudence would have done or failed to do - The..........
