Indian Penal Code, 1860, Section 304A -- Death due to electrocution - Snapping of electric live wire due to constant rubbing with a tree which was standing in between the lines - Plea of Act of God rejected...........
Indian Penal Code, 1860, Section 304A, Criminal Procedure Code, 1973, Section 401 -- Death by negligence - Reduction of sentence - Applicant has already remained in jail for twenty days - Incident had taken place about 12 years back - No criminal antecedent is there against him - He is about 40 years of age - Fine amount imposed by Courts below has already been deposited -..........
Indian Penal Code, 1860, Section 304A, 279, Probation of Offenders Act, 1958, Section 4 -- Rash and negligent driving - Death - Benefit of probation under the Probation of Offenders Act - Not to be granted to the accused convicted for offence u/s 304-A IPC...........
Indian Penal Code, 1860, Section 279, 337, 338, 304A -- Rash and negligent driving - Reduction in sentence - Accused lost his control over the truck as it was driven in rash and negligent manner leading to death of five persons - Accused of young age and only earning hand in the family comprising his young wife, old and ailing parents - Maximum sentence of two years is on..........
Probation of Offenders Act, 1958, Section 4, Indian Penal Code, 1860, Section 279, 337, 338, 304A -- Rash and negligent driving - Death of five persons - In the matter of sentence approach should not be lenient...........
Indian Penal Code, 1860, Section 279, 337, 304A -..........
Indian Penal Code, 1860, Section 304A, Evidence Act, 1872, Section 9 -- Accident case - Court Identification - Instead of test identification parade - Propriety - Not a case where accused is shown to witnesses prior to his being identified in Court - Held, Court identification itself is good identification in the eyes of law - It is not always necessary that it must be..........
Indian Penal Code, 1860, Section 304A -- Negligence - Meaning of - (I) It means omission to do something which reasonable and prudent person guided by similar considerations would not do; (II) It is not absolute term but is relative one and rather a comparative term; (III) It is difficult to state with precision any mathematically exact formula by which negligence or lack..........
Indian Penal Code, 1860, Section 304A, Evidence Act, 1872, Section 3 -- Rash and negligent driving - Conduct of driver - Relevant factor - After accident, bus driver moved the bus away to different point - Held, if accused was innocent then he would have left vehicle at the place of accident to show that he was on his proper side for driving and jeep trying to overtake..........
Indian Penal Code, 1860, Section 304A -- Road accident cases - Concept of `culpable rashness' and `culpable negligence' - (A) `Culpable rashness' is acting with consciousness that mischievous and illegal consequences may follow but with hope that they will not and often with the belief that actor has taken sufficient precautions to prevent their happening - Imputability..........
