Search Results for "Section 338 IPC"

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Madras High Court Acquits Accused in Fatal Road Accident Case Due to Inconsistent Evidence and Failure to Prove Rash and Negligent Driving. Conviction under Sections 279, 338, 304A IPC Set Aside as Prosecution Failed to Establish Guilt Beyond Reasonable Doubt.

The case arises from a road accident on 30.10.2016 at about 2.15 p.m. on Mohanur to Karur Road near Vangal Bridge. The defacto complainant Jagadeeswar...

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Bombay High Court Quashes Criminal Proceedings Against Doctor in Medical Negligence Case — Lack of Expert Opinion and Criminal Intent. Complaint under Section 338 IPC fails as essential ingredients of grievous hurt by rash or negligent act not established without expert evidence.

The petitioner, a practicing ophthalmologist, challenged the judgment of the Additional Sessions Judge, Pune, which upheld the Magistrate's order issu...

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Supreme Court Quashes Charges Against Hotel Managing Director and General Manager in Guest Fall Case — No Criminal Negligence Established. Vicarious Liability Not Attracted Under Sections 336/338 IPC and Section 4 COTPA Without Specific Allegations of Active Role.

The Supreme Court allowed the appeals filed by Shiv Kumar Jatia (accused No.2, Managing Director) and Aseem Kapoor (accused No.4, General Manager) aga...

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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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Supreme Court Partly Allows Appeal in Criminal Case, Modifying Sentence to Fine After 26 Years. Conviction Under Sections 279 and 338 IPC Affirmed, but Imprisonment Substituted with Fine Based on Lapse of Time and Precedent, Citing Harshness of Incarceration After Long Delay.

The appeal arose from a criminal case where the appellant, a bus driver, was convicted for offences under Sections 279, 337, and 338 of the Indian Pen...

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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...