Indian Penal Code, 1860, Section 304A, 279, 338 -- Rash and negligent driving - Fatal accident - Reduction of sentence - Accused hit the motorcycle of deceased by coming from wrong side - Two persons have lost their lives and one sustained injuries - It was the accused who solely negligent in causing accident - No case is made out for reduction of sentence - Sentence..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Contributory negligence - Collusion between car and lorry - Defending vehicle/lorry parked on right side of road without putting any indicator or signal on Highway - Accident occurred when car dashed against lorry at about 4.30 AM when lighting should have been poor - Nothing on record to indicate that..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Determination of income of deceased - Deceased was in possession of heavy driving licence and driving such vehicle on the date of accident - Merely because wife of deceased failed to produce salary certificate of deceased, same does not justify adoption of lowest tier of minimum wage while computing income - No reason to..........
Indian Penal Code, 1860, Section 304A, 279 -- Death by rash and negligent driving - Reduction of sentence - Accused has undergone total sentence of 6 months and 6 days including remission - FIR was registered in 2015 and accused has faced agony of trial for more than 6 years - Accused is a first offender and only bread earner of family - Sentence of accused reduced to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 25, 29, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Violation of statutory provisions of Ss.52, 55 of NDPS Act - Driving licence and Aadhar Card of accused being documents allegedly recovered on the spot - However, accused denying such recovery and submitted that case has been entirely..........
Indian Penal Code, 1860, Section 304A, 279, Motor Vehicles Act, 1988, Section 187 -- Rash and negligent driving - Accident - A girl of 3 years was on the road without any assistance of any adult - Statement of accused u/s 313 Cr.P.C. that all of a sudden the girl came in the middle of road - Appears to be plausible - There is nothing to infer that accused was responsible..........
Indian Penal Code, 1860, Section 304A -- Fatal accident - Rash and negligent driving - Accused drove the vehicle on the wrong side of road in a rash and negligent manner and dashed against the deceased - Evidence of father of deceased is corroborated with contents found in the complaint - Eye witness evidence and sketch report shows that accused went to wrong side and..........
Indian Penal Code, 1860, Section 279, 337 -- Rash and negligent driving - Allegations that truck driver was signaled to stop but he did not stop, broke the rope and fled away - Person who held the rope sustained minor injuries as per prosecution - However, doctor stated that except complaint of pain in shoulder, there was no other injury and not even on hands - Absence of..........
Indian Penal Code, 1860, Section 279, 337, 304A -- Rash and negligent driving - Accident - Collusion between motorcycle and car - Accident occurred due to rash and negligent driving of accused - Presence of eye witness/injured witness on the spot proved on record - Guilt of accused proved on record - However, since accident was not intentional, therefore, sentence awarded..........
Indian Penal Code, 1860, Section 279, 337, 338 -- Accident - Rash and negligent driving - Reduction of sentence - Incident took place i.e more than 26 years ago - Accused was on bail, throughout - Looking to the facts and circumstances of the case specially fact that 26 years have elapsed from incident, sentence of 6 months as awarded u/ss 279, 338 IPC substituted by fine..........
