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1 - 10 of 13 (0.32 seconds)Section 279 in The Indian Penal Code, 1860 [Entire Act]
Section 337 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 304 in The Indian Penal Code, 1860 [Entire Act]
Section 279 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 304 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 313 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 338 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 397 in The Code of Criminal Procedure, 1973 [Entire Act]
The State Of Karnataka vs M/S Sathish Industries on 22 April, 2019
5.The petitioner's counsel is right in his contention that
unless the essential ingredients of Section 304(A) IPC are
established, one cannot mechanically invoke the legal maxim res
ipsa loquitur and find the petitioner guilty of the offence. The
decision reported in 2017-1-L.W.(Crl)160 (cited supra) refers to
the decision of the Honorable Apex Court in State of Karnataka
Vs. Sathish reported in (1998) 8 SC 493. But a careful reading
of all the decisions relied on by the petitioner's counsel indicates
that the Courts have frowned upon invoking maxim only in the
absence of any material on record. If there is any convincing
material on record, then one can certainly call in aid the said legal
maxim. In this case, the rough sketch has been marked as Ex.P.21.
5/10
http://www.judis.nic.in
Crl.R.C(MD).No.661 of 2010
A mere look at the rough sketch indicates that the lorry driven by
the petitioner, after hitting the taxi, had come to a halt on the
extreme right end of the road. In fact, Batlagundu-Nilakottai main
road is 24 feet wide and there is a mud road on the side. The lorry
had come to the extreme right-end and substantial portion of the
lorry was found on the mud road. In the rough sketch in front of
the lorry, the taxi is found.