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
statements of the
accused persons were recorded under Section 313 of the Cr.P.C. On the side
of the accused, DW1 to DW9 were ... contentions of the parties converted the conviction
from Section 304(II) to Section 304A of the IPC and reduced the sentence
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
under Section 304A and not under Section 304 IPC. Thirdly, illustration C of Section 299 IPC clearly describes when ... 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
under Section 304A
read with Section 35 I.P.C. while substantive charges under
Section 304A could be framed against accused ... under Sections 304 and 304A of I.P.C. is necessary:-
Section 299 of I.P.C. Section 304A of I.P.C.
(Culpable
parents of the deceased children as
compensation under Section 357(1)(b) of the Cr.P.C.
7. Aggrieved by the conviction and sentence ... 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
offender Under Section 360 Cr. P.C. or under the provisions of the Probation of Offenders Act, Section 361 Cr. P.C. which ... doing so. Section 361 Cr. P.C. casts a duty upon the Court to apply the provisions of Section 360 Cr. P.C. wherever
issued warrant of arrest against the petitioner under Section 304A , I.P.C. and Section 214(e) of the Merchant Shipping Act 1958 read with ... I.P.C. provides for punishment of the offence of causing death by a rash or negligent act. Under Section 32 , I.P.C