Indian Penal Code, 1860, Section 279, 304A, 427 -- Rash and negligent driving - Identity of accused - PW4 was not present at the spot and has been introduced as an eye witness of occurrence later on - Statement of PW4 is absolutely not reliable regarding identity of accused as a driver of offending vehicle - PW7, owner of offending vehicle turned hostile and denied to have..........
Indian Penal Code, 1860, Section 304A -- Rash and negligent driving - Identification of accused - Eye witness/PW1 identified accused as driver of crime lorry and deposed that he is responsible for the incident - Owner of vehicle/PW3 also deposed that on the date of incident, accused was the driver of lorry and he handed over the vehicle record to police - Nothing was..........
Indian Penal Code, 1860, Section 279, 304A -- Rash and negligent driving - Identity of accused and vehicle in question have been duly established from statements of eye witnesses - Offending vehicle was driven by accused - Occurrence took place due to rash and negligence driving of accused leading to death of deceased which is proved - Accused rightly convicted - However,..........
Indian Penal Code, 1860, Section 279, 304A, 338 -- Rash and negligent driving - Identification of driver, driving the offending vehicle at the time of accident and manner in which accident had occurred disputed - From the material placed on record by way of evidence including statements of eye witnesses and site map, it cannot be said with certainty that accident had taken..........
Indian Penal Code, 1860, Section 279, 304A -- Rash and negligent driving - Fatal accident - Accused who was driver of offending vehicle fled from the scene with his vehicle and was made to surrender by his own commandant - Identity of accused thus, not disputed - Accused rightly convicted...........
Indian Penal Code, 1860, Section 279, 304A, 337 -- Rash and negligent driving - Accident - Injured witnesses uniformly stated that accident occurred due to rash and negligent driving of offending vehicle driven by accused resulting in death of four persons apart from injuries to three - Identity of accused being driver of offending vehicle proved by overwhelming evidence..........
Indian Penal Code, 1860, Section 279, 304A, 337, 338 -- Rash and negligent driving - Fatal accident - Accident not occurred due to rash and negligent driving of accused - There were several potholes found on the road and due to that front wheel of offending vehicle (Maxi cab) was punctured and went on to left side of road and turtled as a result of which deceased being..........
Indian Penal Code, 1860, Section 279, 304A, 337, 338 -- Rash and negligent driving - Identity of accused disputed, as none of PWs had an occasion to see the accident with their eyes - Story of accused being apprehended by PW6 and PW8 is thus not worth lending any credence, as at the relevant time none of PWs have stated that they disclosed registration no. of offending..........
Indian Penal Code, 1860, Section 279, 304A -- Rash and negligent driving - Evidence on record shows that accused had driven the vehicle on a public way in a rash and negligent manner so as to endanger human life and resulting death of deceased - PWs supported the prosecution case and they are reliable witnesses and their testimony is worth credence for proving identity and..........
Indian Penal Code, 1860, Section 304A -- Rash and negligent driving - Fatal accident - Three persons died and four others injured - Evidence on record proves that accused was driving offending truck in a rash and negligent manner causing death of three persons and also caused injuries to four others - Identity of accused was successfully established by PWs - Evidence of..........
