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
Section 299 and Section 300 in detail. Suffice it
to say that the last clause of Section 299 and clause
`fourthly' of Section ... dangerous consequences and may
entail punishment under Section 304 Part II IPC . Section
304A IPC takes out of its ambit the cases of death
contentions of the parties converted the conviction
from Section 304(II) to Section 304A of the IPC and reduced the sentence to
two years ... committed an error in converting the conviction from Section 304(II) to
Section 304A of the IPC considering the seriousness of charges proved
adequacy of quantum of sentence imposed by the High
Court under Section 304A of the Indian Penal Code ( IPC ) after maintaining
the conviction ... order dated 23.4.2012 convicted the respondent
for the offences punishable under Section 304A IPC and sentenced him to
undergo rigorous imprisonment for a period
were charged with commission of
offences punishable under Sections 304A, 337, 338 read with Section 36 , IPC
and Section 14 of the Cinematograph ... charged with
commission of offences punishable under Sections 304, 337, 338 read with
Section 36 , IPC and Section 14 of the Cinematograph
novo charges under
various sections mentioned in the said impugned order of the
High Court including one under section 304A IPC.
It is against ... Judge for an offence punishable under section 304
Part II, IPC be sustained or one under section 304A as has been
done by the High
within the meaning of Section 299 or culpable
homicide amounting to murder under Section 300 ,
IPC. In other words, Section 304A excludes all
the ingredients ... Section 299 as also of
Section 300 . Where intention or knowledge is
the `motivating force' of the act complained
of, Section 304A will have
culpability to bring home accusations of
Section 302. At the most it was covered by Section 304A.
Finally, it was submitted that even ... Section 80 has no application.
Coming to the plea of the applicability of Section 304A
it is to be noted that the said provision relates
applicant, constituted the offence of Section 804A, and not of Section 304, Penal Code, charged him under Section 304A and refrained from charging him under ... Section 325 , Penal Code or of convicting him under both sections. Neither Section 227 nor Section 437 of the Code would apply. Section 227 only