Indian Penal Code, 1860, Section 304A -- Rash and negligent driving - Investigating Officer of case not examined - Site plan of place of occurrence and other important documents remained unproved - No other witness examined by prosecution except one PW2 who was sitting behind the driver's seat with his face backwards and that being so, he cannot be accepted to have..........
Indian Penal Code, 1860, Section 279 -- Rash and negligent driving - Mere speed alone may not be a criterion to find that a person was driving or riding on a public way rashly or negligently...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 279, Prevention of Damage to Public Property Act, 1984, Section 3(2)(a) -- Quashing of charge - Rash & negligent driving - Mischief - No intention or knowledge is required to attract the offence u/s. 279 IPC - Mischief on the other hand is an offence done by offender either with intention or with..........
Motor Vehicles Act, 1988, Section 149(2), 166, 173 -- Rash and negligent driving - Fatal accident - Compensation - Deceased sitting in tempo died due to collusion with truck - Tempo driven on a non permit route could only be raised by insurance company against owner of truck - Insurer of truck which caused accident was rightly held responsible after duly appreciating the..........
Indian Penal Code, 1860, Section 279, 304A -- Rash and negligent driving - Conduct of accused - Accused driver of bus took the victims in his own bus to hospital - He did not try to run away from the spot - This immediate conduct of petitioner is a relevant fact - That rules out his guilty mind - Accused acquitted...........
Indian Penal Code, 1860, Section 279, 304A -- Rash and negligent driving - Accused while driving bus hit the scooterist as a result victim who was driving scooter died on spot - Wife and children of deceased were got admitted in hospital by accused himself - Delay of one day in lodging FIR - Wife of deceased not examined - I.O failed to mention the details of accident -..........
Motor Vehicles Act, 1988, Section 166, 173 -- Accident - Compensation - Contributory negligence - Testimony of eye witness who is not related to the deceased scooterist that at the site there was a curve and bus driver did not blow the horn and bus was being driven at a very high speed - There is no specific evidence to prove that accident took place due to rash and..........
Indian Penal Code, 1860, Section 304A -- `Rash' and `negligent' - Difference between - Rashness means where the actor foresees possible consequences, but foolishly thinks they will not occur as a result of his act - Negligence has been understood to be an omission to do something which a reasonable man guided upon those considerations which ordinarily regulate conduct of..........
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, 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..........
