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State Of Uttar Pradesh & Ors vs Radhey Shyam Nigam & Ors. Etc. Etc on 11 January, 1989

5. PW 1 Smt. Kripa Devi Verma/complainant deposed that on 16.10.2003, she was State Vs. Radhey Shyam 2/13 FIR no. 577/03 running tea stall at/near Jal Board Office, MB Road, Pul Prahlad Pur. At about 11.45 am, her husband was fetching water from the water tap. The accused namely Tiwari drove his vehicle very fastly while taking reverse her husband sustained injury due to reversing of the vehicle by the accused. He alongwith accused took her husband to Reshma Nursing home for treatment. He was admitted there for about 2/3 hours. Thereafter her husband was referred to Safdarjung hospital. The doctor on duty at Safdarjung hospital after examining her husband declared him brought dead. He was not given any treatment there. Thereafter, they took the dead body of her husband to the police chowki. Her statement was recorded as Ex.PW1/A. The accused was taking reverse as there was Jal Board Office at the spot. The accused did not accompany anybody else nor anyone was assisting him while taking reverse. He was cross examined by Ld. Counsel for the accused.
Supreme Court of India Cites 23 - Cited by 114 - S Mukharji - Full Document

Mukesh Kumar & Ors vs State Of Raj. & Ors on 18 March, 2010

In the case of Badri Prasad Tiwari v. The Stat e I (1994) ACC 476 : 1994 Cri. LJ 389 (Ori.), the Hon'ble Orissa High Court has held that "In order to constitute an offence under Section 279, IPC, it must be established that the accused was driving the vehicle on a public way in a rash and negligent manner to endanger human life or to likely cause hurt or injury to any other person". The Hon'ble High Court further held, "In the case, I find that except a bare statement made by P.W. 2 that the vehicle was being driven in a high speed, no attempt has been made to establish that there was any rash and/or negligent act on the part of the driver". Therefore, the Hon'ble Orissa High Court was pleased to acquit the accused person.
Rajasthan High Court - Jodhpur Cites 2 - Cited by 466 - P C Tatia - Full Document
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