Indian Penal Code, 1860, Section 304A, 314, Criminal Procedure Code, 1973, Section 320 -- Death of a woman due to termination of pregnancy - FIR against doctor - Parties entering into compromise - Complainant filed affidavit that he lodged FIR due to misunderstanding and accused was not responsible for death - Held, offence not compoundable but chances of conviction bleak..........
Probation of Offenders Act, 1958, Section 4(1), Indian Penal Code, 1860, Section 304A, 279, 337 -- Rash and negligent driving - Death - Conviction - Accused faced trial for 16 years and he was then 26 years of age - Accused released on probation - Accused to pay compensation of Rs.20,000/- to legal heirs of deceased...........
Indian Penal Code, 1860, Section 304A -- Section 299 and 300 - Culpable Homicide - Section 304-A is attracted in case of death caused by rash and negligent acts and not amounting to culpable homicide u/s 299 or murder u/s 300 - Intention and knowledge to cause death absent in case of section 304-A - When intent or knowledge is the direct motivating force of the act -..........
Indian Penal Code, 1860, Section 80, 304A -- Accused picking gun, unlocked it and put the cartridges and fired from close range - Neither section 80 nor Section 304-A attracted - Accused convicted u/s 304 Part II...........
Indian Penal Code, 1860, Section 316, 304A -- Miscarriage by giving leg blow on stomach of pregnant woman - PW 1 pregnant with 5-6 months intervened when accused was giving beating to PW5 - Accused gave leg blow on stomach of pregnant woman resulting into death of unborn child - Intention to cause death of unborn child was missing as only when PW 1 suddenly intervened that..........
Indian Penal Code, 1860, Section 304A, 36 -- Workman - Death in factory due to fall from height - Act or omission, to amount to criminal negligence, must be direct or proximate cause of death, and must imply indifference to obvious consequences - When such negligence cannot be attributed to accused, proceedings instituted against him are liable to be quashed - Omission to..........
Indian Penal Code, 1860, Section 304A, 279 -- Reduction in sentence - Petitioner not a previous convict - Petitioner not indulged in any other criminal activity after registration of the case - Petitioner a poor man - Sentence reduced to 15 months...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304, 304A, 279 -- Rash and negligent driving - Death of two persons - At this stage it is not possible to reach a positive conclusion that offence u/s 302 or 304 IPC is made out - Bail allowed...........
Indian Penal Code, 1860, Section 304A, 279 -- Rash and negligent driving - Death caused by truck - Driver fled away - Accused not named in FIR - Owner of truck hauled up as accused - No evidence that owner was driving the truck or any other driver - Identification parade not held - Identification of accused for the first time in Court is valueless - Order of acquittal..........
Indian Penal Code, 1860, Section 279, 304A -- Rash and negligent driving - Deceased was taking rest underneath the trolley when bus hit the tractor trolley and deceased came down under the tyre of trolley and died at the spot - Star witnesses did not say that accused was driving the bus rashly or negligently - I.O. not examined - Acquittal upheld...........
