Section 304A in The Indian Penal Code, 1860
304A. Causing death by negligence.—
Whoever causes the death of any person by doing any rash
with police station, Division No. 3, Ludhiana,
whereupon an offence under Section 304A read with Section 34 of the
Indian Penal Code (for short ... empty gas
cylinder."
On the abovesaid report, an offence under Section 304A / 34 IPC
was registered and investigated. Challan was filed against
convicting the petitioner for the offences punishable under Section 279 IPC and 304A IPC . By a separate order dated 17.9.2005, the learned Metropolitan Magistrate sentenced ... undergo simple imprisonment for 15 days. Insofar as the offence under Section 304A IPC was concerned, the learned Metropolitan Magistrate sentenced the petitioner to rigorous
April 13, 2007 convicted the
appellant for the offences punishable under Sections
304A and 337 IPC. The court sentenced him to suffer
simple imprisonment ... months with fine of Rs. 5
lakhs for the offence under Section 304A IPC and in
default further suffer simple imprisonment of one month
then, it would be only his rash and
negligent act, attracting Section 304A of IPC only. Even though it
is difficult to come ... parties converted the conviction
from Section 304(II) to Section 304A of the IPC and reduced the sentence to
two years. The accused had already
adequacy of quantum of sentence imposed by the High
Court under Section 304A of the Indian Penal Code ( IPC ) after maintaining
the conviction ... brother-in-
law of Jagdish and accordingly a crime under Section 279 / 304A was
registered against the respondent for rash and negligent driving. The
learned
were charged with commission of
offences punishable under Sections 304A, 337, 338 read with Section 36 , IPC
and Section 14 of the Cinematograph ... they were charged with
commission of offences punishable under Sections 304A, 337, 338 read with
Section 36 of IPC.
17. Since some of the offences
respondent herein was originally charged of an
offence punishable under sections 304A , 279 , 337 , 338 , 427
IPC and 134(a)(b) read with sections ... based on the additional statement of the complainant,
and instead of section 304A IPC, section 304 Part II, IPC was
substituted which is an offence
learned counsel, at the most
process could have been issued under Section
304A and not under Section 304 , IPC. There can
neither be intention (mens ... true, it is an
act of negligence covered by Section 304A , IPC.
10
16. The learned counsel for the
complainant, on the other hand, supported
those facts, the trial court convicted the
appellant No. 1 under s. 304A IPC, s. 3 read with s. 112 of
the Motor Vehicles ... sustainability of the conviction of appellant
No. 1 under s. 304A IPC. If appellant No. 1 was rightly
convicted under that provision, the conviction