Penal Code, 1860, Section 304A -- Death caused by negligence - Sentence - Reduction in sentence - Conviction of petitioner u/s 304-A IPC upheld - Petitioner a youngman of 25 years at the time of accident - Occurrence took place 16 years back - Petitioner suffered agony of trial during all these years - First offender - Sentence of RI for two years reduced to RI for one..........
Constitution of India, 1950, Article 21, Penal Code, 1860, Section 304A,279 -- Death caused by negligence - Speedy trial - Sentence - Reduction in sentence - Conviction of petitioner u/ss 304-A and 279 upheld - 17 years elapsed since the submission of charge-sheet against the petitioner - Petitioner went through protracted trial - Speedy trial essence of a fair trial -..........
Indian Penal Code, 1860, Section 304A -- Conviction u/s 304-A - Accused a middle aged person having a large family to support - Compensation paid to heirs of deceased by Motor Accident Claims Tribunal - Sentence reduced from two years to one year - Fine to remain the same - Driving licence of accused suspended for two years...........
Evidence Act, 1872, Section 32, 113B, Indian Penal Code, 1860, Section 300, 304A, 498A, 34 -- Dowry death - Charge of murder - Dying declaration - Recorded by police constable 12 days before death - No certificate from doctor regarding condition of patient to make such declaration - No explanation as to why declaration in form required under law could not be obtained -..........
Indian Penal Code, 1860, Section 304A -- Deceased crossing road unmindful of the fact whether a Truck was coming from the opposite direction or not - In such a situation if accident takes place it cannot be said that the death of the deceased was the direct result of rash or negligent act of the accused...........
Indian Penal Code, 1860, Section 304A -- Death by negligence - Mechanic employed on job basis for fitting a tubewell engine - Mechanic entered the pit of the well and became unconscious - He was taken out for treatment but died - There is no question of negligence - Immediate cause of death was not an act of rashness or negligence on the part of the accused but was..........
Indian Penal Code, 1860, Section 304A -- Death of patient - Liability of Doctor - Mere fact that a patient died in the Hospital does not lead to the presumption that death occurred due to negligence of doctor and for making him liable it has to be established that there was criminal negligence on his part - To attract S.304-A death due to rash or negligent act must be..........
Indian Penal Code, 1860, Section 304A, 306, Evidence Act, 1872, Section 113B, 113A -- Dowry death and abetment of suicide by married women - Framing of charge - Alternative charges for both offences must be framed, as both involves element of presumption under Sections 113-B and 113-A of the Evidence Act...........
Indian Penal Code, 1860, Section 304A, 279 -- Fatal accident - When there is no admissible evidence available to connect the petitioner with the incident the petitioner to be acquitted of the charges framed against him...........
Indian Penal Code, 1860, Section 304A, 279 -- Death by rash and negligent driving - Accused facing trial for 18 years and suffering from TB - Accused already undergone sentence of six months - Sentence reduced to already undergone...........
