Indian Penal Code, 1860, Section 304A -- Criminal negligence - Doctrine of causacausans - Held, for an offence u/s.304-A to be proved it is not only necessary to establish that accused was either rash or grossly negligent but also that such rashness or gross negligence was causacausans that resulted in death of victim - Causacausans means immediate cause; last link in..........
Indian Penal Code, 1860, Section 304A -- Criminal negligence - Uphar Cinema - Proof - Ansal brothers were in full control over affairs of company which owned cinema, as well as cinema itself, at all material times, including date of incident - Held, Ansal brothers were both occupiers of cinema complex as on date of incident in which capacity they owed a duty to care for..........
Indian Penal Code, 1860, Section 304A -- Criminal negligence - Award of damages against owner of cinema hall - Held, it cannot be made basis to hold occupier guilty of gross negligence u/s 304-A IPC...........
Indian Penal Code, 1860, Section 304A, 79 -- Criminal negligence - Protection of S.79 - Held, not available to a person who has not acted with due care and caution - Essence of S.79 is a belief entertained in good faith about legitimacy of what is being done by person concerned - In present case, Ansal brothers/appellants acted in a rash and negligent manner in breach of..........
Indian Penal Code, 1860, Section 304A, 79 -- Criminal negligence - Protection of S.79 - Mistake of fact - Appellants-occupiers of cinema have not been in a position to identify the facts qua which they were under mistake - Nor is it clear as to how any such mistake of fact would have justified their act in law - Held, appellant-occupiers not entitled to benefit of S.79 of..........
Indian Penal Code, 1860, Section 304A -- Gross negligence in grant of fire NOC - Officer concerned had to be satisfied as regards safety of premises - He cannot take shelter behind printed proforma for inspection - Concurrent finding of guilt recorded by Courts below - Held, no reason to interfere...........
Indian Penal Code, 1860, Section 302, 326, 307, 436, 148, 149 -- Death sentence - Rarest of rare cases - Appellant alone could not have executed such a crime, which resulted in death of 15 persons and leaving so many injured and setting ablaze 23 houses - Entire elements of crime could not have been committed by appellant alone - Further, appellant is a tribal, stated to..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - No role assigned to accused in the attack made on deceased during occurrence - Sole eye-witness of occurrence made an improvement on the version given in FIR, in statement before Court by stating that accused caught hold of deceased while attack was made by co-accused during occurrence - Deceased died due to homicidal..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 120, 420 -- Quashing of proceedings - Accused charged with offences u/ss 120B/420 IPC - Held, offence u/s 420 IPC is compoundable - But offence u/s 120B is not compoundable - Liability to make good monetary loss suffered by bank had been mutually settled between parties - High Court rightly..........
Indian Penal Code, 1860, Section 354, 451, Criminal Procedure Code, 1973, Section 320 -- Conviction u/ss 354, 451 IPC - Compromise during pendency of appeal - Incident took place way back in the year 2000 - Parties are neighbours and are staying peacefully since 2000 till date - Parties allowed to compound in order to accord quietus to the dispute and in the larger..........
