Search Results for "Article 304(a)"

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Supreme Court Examines Culpability for BMW Hit-and-Run: State Appeals Against High Court's Reduction of Conviction from Section 304 Part II to Section 304A IPC. The Core Issue is Whether the Accused Had Knowledge of Likely Death to Attract the Graver Offence.

The case arose from a fatal motor accident involving a BMW car driven by the respondent, Sanjeev Nanda, on the night of 9/10 January 1999 in New Delhi...

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High Court Acquits Accused in Rash Driving Case Under Sections 279, 337, 338, and 304A IPC Due to Lack of Evidence and Procedural Lapses -- Conviction Overturned and Acquittal Restored

The appellant was convicted by the first appellate court under Sections 279, 337, 338, and 304A of Indian Penal Code, 1860 (IPC) for rash and negligen...

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Supreme Court Discharges Accused in Electrocution Death Case Due to Lack of Prima Facie Case for Culpable Homicide. Non-Provision of Safety Equipment Does Not Attract Section 304 Part II IPC Without Knowledge or Intent.

The Supreme Court allowed the appeal filed by Yuvraj Laxmilal Kanther and Nimesh Pravinchandra Shah against the judgment of the Bombay High Court whic...

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Bombay High Court Allows Criminal Writ Petition Against Refusal to Issue Process for Medical Negligence Under Section 304A IPC. Court Finds Prima Facie Case of Rash or Negligent Act by Doctors Leading to Patient's Death.

The petitioner, Gautam Sadanshiv, filed a criminal complaint alleging medical negligence against respondent doctors (Dr. Laxmi Jawanjal, Dr. Deepak Ga...

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Bombay High Court Grants Bail to Accused in Illegal Building Collapse Case Due to Lack of Prima Facie Evidence of Culpable Homicide and Long Incarceration. Court Held That Section 304 IPC Requires Knowledge of Likely Death, Which Was Not Established Against the Applicants.

The judgment concerns three bail applications filed by accused persons arrested in connection with the collapse of an illegally constructed building i...

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Bombay High Court Dismisses Petition Challenging Forfeiture of Remission for Prisoner Who Escaped from Open Prison. Rule 22(i) of Maharashtra Prisons (Remission System) Rules, 1962 held not violative of Article 14 as it applies uniformly to all prisoners who escape or attempt to escape.

The petitioner, Shalik Maruti Kowe, was convicted for murder under Section 302 of the Indian Penal Code on 23 June 1997 and sentenced to life imprison...

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Bombay High Court Allows Discharge Petition in Medical Negligence Case Under Section 304A IPC — Lack of Material to Show Rash or Negligent Act. Court holds that death during anaesthesia without evidence of gross negligence does not constitute culpable homicide not amounting to murder.

The petitioner, Dr. Suvarna Arjun Jaybhaye, a medical practitioner with an MBBS degree and a diploma in Anaesthesia, was the accused in S.C.C. No. 965...