According to this Section the offence is non-bailable. It has been said that in cases falling under this section it is dangerous to attempt to distinguish between the approximate and ultimate cause of death. This is the role which the court can play, particularly at the level of trail courts for lessening the high rate of motor-accidents due to callous driving of automobiles. Further the Supreme Court has laid down that, to render a person liable for neglect of duty there must be such a degree of culpability as to amount to gross negligence on his part. The lower court convicted the mobike rider under this section.
Such affidavit was filed on behalf of the State and the learned Government Pleader stated that it was as per the Order dated 14-8- 2002 issued by the Government of Punjab, Department of Home Affairs and Justice Jails Branch that Accused 1 was treated as having undergone imprisonment for seven years. On noticing, the in laws took her to the nearby hospital immediately. The provisions Under Section 304B of Indian Penal Code are more stringent than provided under Section 498A of Indian Penal code. The said judgment was challenged by the second respondent herein father of the deceased, the complainant. It was held that there was failure on the part of the conductor to note before whistling whether all passengers had boarded and none was on the foot board. He cannot and should not take a chance thinking that a rash driving need not necessarily cause any accident; or even if an accident occurs, it need not necessarily result in the death of any human being; or even such death ensures that he might not be convicted of the offence and lastly that even if he is convicted he would be dealt with leniently by the Court. Such gross negligence alone is punishable.
Therefore, the case of the appellant falls under Exception I of Section 300 of I. State there was an accident on a public road resulting in death. It is true that in a given case the enquiry may be linked up with the seriousness of the injury,. There must be a direct nexus between the death of a person and the rash or negligent act of the accused, a remote nexus is not enough. But in this definition we have to understand what public law is? Bakshi, Law of Crimes, 5th Edition, India Law House, New Delhi, 1999, p.
Homicide is killing of human being by another human being, but the degree of criminality in each killing varies so much that in penal laws of most countries, two distinct offences, though in both there is a death of a human being, have emerged. The prosecution is duty bound to establish death by rashness or negligence on his part. A Division Bench of this Court presided over by C. In the second part of the Special Leave Petition, the State was shown as the first respondent and accused no. Tazeerat-e-hind, dafa 302 ke tahat, mujrim ko maut ki saza sunai jaati hai. The nature of weapon used and the part of the body where the blow was struck, which was a vital part of the body helps in proving beyond reasonable doubt, the intention of the appellant to cause the death of the deceased.
The appellant clearly had time to deliberate and plan out the death of Havildar R C Tiwari the deceased. He must constantly inform himself that he cannot afford to have a single moment of laxity or inattentiveness when his leg is one the pedal of a vehicle in locomotion. Such a difficulty in ultimate analysis arises due to the changing nature of crime, an outcome of equally dynamic criminal and penal policy of a state. The Allahabad High Court held him guilty under section 304-A of the Code. This was so because the Code does not contain all the offences and it was possible that some offences might have still been left out of the Code, which were not intended to be exempted from penal consequences. Consequently, the accused were held guilty under Section 304-A of the Code. The very best example which strikes everyone's mind is that of automobile accidents.
The evidence of witnesses showed that the vehicle dashed against the tree and the branches of the tree fell on it. Extension of Code to extra-territorial offences. They are challenged in courts claiming as against constitution of India. The appellant was separated by the crowd and the deceased was sent to the hospital where he finally succumbed to the injury. Section 304-A was inserted in the Code in 1870 by the Indian Penal Code Amendment Act, 1870. Where the accused laid live naked electric wire in the passage to a toilet with a view to ensure that the toilet was not used by trespassers, and a trespasser managed to go there without suffering any damage but while coming out she was electrocuted, it was held that section 304-A was attracted. Sir My friend is suffering domestic violence from his wife and in-law,s.
Attempting to commit suicide and doing any act towards the commission of the offence is punishable with imprisonment up to one year or with fine or with both. As the offence was found to be committed with enough time to mediate on the action to commit the murder of deceased, appellant was said to have intention to cause the death of the deceased. Jammu and Kashmir: Mittal Publications. Hello raj First I am sorry for yor loss Legally from facts you have provided, this is undoubtably murder. The first final draft of the Indian Penal Code was submitted to the Governor-General of India in Council in 1837, but the draft was again revised. Part B of the said Government Order relates to special remission of one year to prisoners who have been convicted by the courts of criminal jurisdiction in the State of Punjab and confined in jail as on 15. The said Government Order dated 14.
As regards the first contention, the High Court has observed that as the appellant was informed of all the allegations put forth against him at the time of Court Martial proceedings, the charge framed against the appellant cannot be said to be vague. We, therefore, conclude that the first contention of the learned counsel for the appellant has no merit and the appellant cannot get benefit of the Exception I to Section 300 of I. This makes it clear that there can be no circumstances when one's act can be read into this particular section in order to avail him the benefit of not being charged under section 299 to 302 of the I. The train hit the rear side of the bus as a result of which the bus was thrown off causing deaths of some and injuries to others. Culpable negligence is acting without the consciousness that the illegal and mischievous effect will follow, but in circumstances which show that the actor had not exercised the caution incumbent upon him, and that if he had he would have had the consciousness. The offence under Section 304-B is cognizable, non-bailable, non-compoundable and triable by Court of Session. The Rajasthan High Court reduced the sentence of imprisonment to the period already undergone while the fine was adequately enhanced to award compensation to the parents of the deceased.