SCALE (1)135
ACT:
Indian Penal Code , 1860-- Sections 279 , 337 &
304-A --Rash and negligent driving--Conviction for--Imposi-
tion of sentence-Considerations ... appeal.
The respondent was charged under Sections 279 , 337 , and
304-A Indian Penal Code and Sections 89(a) and 89(b) of the
Motor
304-A solely on the
basis of a settlement between the parties. It is, thus, urged that the
proceedings under Section 304-A IPC ... question of sparing a convict found guilty of such a crime."
The offence under Section 304-A IPC presents a situation
where
provisions of Indian Penal Code ,
4
which is a general law. (iii) Under Section 300 of
Cr.P.C., prosecution of a person ... Code is
unsustainable. In both the statutes
viz. under- Section 304-A , Indian
Penal Code (general law) and under
Section 92 of the Factories
304-A has to make room for the graver and more serious charge of culpable homicide.
(Emphasis supplied)
25. Section 304-A carves out a ... order to draw a tangible distinction between the offences under Section 304 and 304-A of IPC, I would like to reproduce section
appellant from one under section 302 , Indian Penal Code to that under section 304(II) , Indian Penal Code.
30. In (supra) the facts were that ... appellant under section 302 , Indian Penal Code and
instead convicted him under section 304(ll) , Indian Penal Code.
31. In our view the ratio laid
trial Court under Sections 304-A, 337, 338 read with Section 36 of Indian Penal Code and Section 14 of Cinematograph ... highly sensitive explosives was considered sufficient for slapping a charge under Section 304-A IPC against the license-holders. Their Lordships relied upon
ingredients
of Sec. 304 of Indian Penal Code are to be
considered. Exception 1 to Sec. 300 of Indian
Penal Code runs as under -
Exception ... committed by the accused attracts the
ingredients of sec. 304/A of Indian Penal Code .
Therefore accused can be held guilty for the
offence under
mere negligence is not sufficient
to convict a person. They further contended according to Section
304-A I.P.C., death must be result ... professional amounts to a
rash or negligent act within the domain of criminal law
under Section 304-A IPC. The criminal process once
under Section
304-A of the Penal Code, 1860, it is necessary
that the act should have been the direct result of
a rash ... simply a causa sine qua non for the death of
the victim in a case under Section 304-A IPC. To the
same
a period of one year for the offence punishable under Section 304-A I.P.C. and the sentences were ordered to run concurrently ... imposition of a sentence of fine of Rs.250/- on the driver of a Motor Vehicle for an offence under Section 304-A
