Section 304A in The Indian Penal Code, 1860
304A. Causing death by negligence.—
Whoever causes the death of any person by doing any rash
sentence
awarded to the appellant for the offence under Section
304A and Section 337 IPC by the trial court.
11. The appellant also ... IPC was framed
against the appellant as he was charged only under
Section 304 Part II IPC and Section 338 IPC
contentions of the parties converted the conviction
from Section 304(II) to Section 304A of the IPC and reduced the sentence ... committed an error in converting the conviction from Section 304(II) to
Section 304A of the IPC considering the seriousness of charges proved
likely to
cause death (Part II).
27. Section 304A was inserted by the
Indian Penal Code (Amendment) Act, 1870 (Act
XXVII of 1870) and reads ... another person.
29. There is thus distinction between
Section 304 and Section 304A . Section 304A
carves out cases where death is caused by doing
death of another person.
There is thus distinction between Section 304 and Section 304A. Section 304A carves out cases where death is caused by doing ... meaning of Section 299 or culpable homicide amounting to murder under Section 300 , IPC. In other words, Section 304A excludes all the ingredients
against accused Nos. 2, 3, 4 and 12 under Section 304A
read with Section 35 I.P.C. while substantive charges under
Section 304A could ... under Sections 304 and 304A of I.P.C. is necessary:-
Section 299 of I.P.C. Section 304A of I.P.C.
(Culpable
person charged with an offence under
Section 304 IPC cannot be convicted for Section 304A IPC in the
absence ... charges that were
framed against him, which included Section 304 , as well as Section
304A IPC.
27. Section 304A IPC applies
Section
288 / 304A ; and Manjeet Vs. State (NCT of Delhi ), 2016 (1) JCC 574-which
was a case under Section 279 , 337 and 304A IPC ... month for the offence under Section 304A. In respect of the offence
under Section 337 IPC, the learned Single Judge imposed a sentence
sentences passed by the Additional Sessions Judge No. 1, Alwar, Under Section 304A, I.P.C.
2. This revision petition came up for admission. Learned ... offences Under Section 279 , IPC, 337 IPC , 304A IPC , 89(a) r/w Section 112 of the Motor Vehicles
Sirdar of a colliery were pro. secuted under Section 304A , Indian Penal Code, for having caused the death of two miners by the collapse ... Section 486 of the Merchant Shipping Act. To this the argument of Mr. Dutt was that process having issued under Section 304A , Indian Penal Code