Offence Under Section 279 IPC - The offence involves rash or negligent driving that endangers human life or safety. Multiple cases highlight that driving in a rash or negligent manner, leading to accidents, constitutes an offence under Section 279 of the IPC GURU BASAVARAJ @ BENNE SETTAPPA VS STATE OF KARNATAKA - Supreme Court, Guru Basavaraj @ Benne Settappa VS State of Karnataka - Crimes, Nitin Baghel VS State of Rajasthan - Rajasthan, Bachna Ram VS State of Haryana - Andhra Pradesh.
Person Left in Undergone/Left in Under - The phrase left in undergone appears to be a typographical or interpretative error, likely intended as left in undergoing or left in undergone, referring to the period a person has already served or undergone imprisonment. Several judgments emphasize considering the period already undergone while deciding sentences, especially for old or first-time offenders Firoz Mohammed Ali Aga VS State of Goa, Through learned P. P. - Bombay, Hemant Giri Vs State Of Chhattisgarh - Chhattisgarh, Rajendra Prasad S/o Shri Ishwari Datt VS State of Uttaranchal - Allahabad.
Sentencing and Reduction of Penalty - Courts often consider the age, health, and circumstances of the accused, leading to reduction or modification of sentences. For example, sentences are sometimes reduced to the period already served, especially for elderly persons Firoz Mohammed Ali Aga VS State of Goa, Through learned P. P. - Bombay, Hemant Giri Vs State Of Chhattisgarh - Chhattisgarh.
Compensation and Fine - In cases involving death or injuries, courts may impose fines or order compensation to victims' families, sometimes reducing the fine or sentence if the victim's family consents MANISH JALAN VS STATE OF KARNATAKA - Supreme Court, Rajendra Prasad S/o Shri Ishwari Datt VS State of Uttaranchal - Allahabad.
Analysis and Conclusion - The main points indicate that under Section 279 IPC, rash or negligent driving causing death or injuries is punishable, with courts considering mitigating factors such as the accused's age and the period already undergone in custody. Sentences are often reduced or modified based on these factors, and compensation is awarded where applicable. The phrase left in undergone appears to relate to the period of imprisonment already served, which courts factor into sentencing decisions.
References: - GURU BASAVARAJ @ BENNE SETTAPPA VS STATE OF KARNATAKA - Supreme Court - Guru Basavaraj @ Benne Settappa VS State of Karnataka - Crimes - Ramesh VS State - Madras - Firoz Mohammed Ali Aga VS State of Goa, Through learned P. P. - Bombay - Hemant Giri Vs State Of Chhattisgarh - Chhattisgarh - Rajendra Prasad S/o Shri Ishwari Datt VS State of Uttaranchal - Allahabad - MANISH JALAN VS STATE OF KARNATAKA - Supreme Court - Pyare Lal VS State of Rajasthan - Crimes - Nitin Baghel VS State of Rajasthan - Rajasthan - Bachna Ram VS State of Haryana - Andhra Pradesh
Indian Penal Code,1860-Sections 279, 337, 338 and 304-A-Death of one person and simple and grievous injuries to many others sitting ... Penal Code,1860-Sections 279, 337, 338 and 304-A-Death of one person and simple and grievous injuries to many others sitting inside ... ,1860-Sections 279, 337, 338 and 304-A-Death of one person and simple and grievous injuries to many others sitting inside the trailer ... It is further urged by him that when the appellant has been ac....
Indian Penal Code,1860-Sections 279, 337, 338 and 304-A-Death of one person and simple and grievous injuries to many others sitting ... -Sections 279, 337, 338 and 304-A-Death of one person and simple and grievous injuries to many others sitting inside the trailer ... Penal Code,1860-Sections 279, 337, 338 and 304-A-Death of one person and simple and grievous injuries to many others sitting inside ... It is further urged by him that when the appellant has been acquitt....
rash or negligent which likely to cause death of person to attract offence under Section 304(A) of IPC - Held, Court after considering ... of IPC and 304 (A) of IPC Imposed a fine in default to undergo months Simple Imprisonment for offence under Section 279 of IPC and ... evidence acquitted accused for offence under Section 3 r/w 181 of Motor Vehicles Act Convicted him for offence under Sections 279#HL_E....
Indian Penal Code, 1860 - Sections 279 and 337 - Cr PC, 1973, Section 357 - Conviction and sentence for offence of rash and negligent ... Thus, the accused has already undergone imprisonment for a period of 26 days and has understood seriousness of committing offence ... , should be adequate punishment for the accused person. ... In the case of “Kushal Singh” (supra), it has been held that in order to prove the offence under Section 279 of ....
sentence to the period already undergone by the applicant. ... The prosecution alleged that the applicant, while driving a motorcycle, rashly and negligently dashed the complainant and another person ... : The applicant filed a revision petition challenging the judgment of conviction and sentence for the offence of rash and ... On the complaint made by complainant, FIR (Ex.P-1) was registered against applicant for alleged commission of offence under Sections 279, 337 of I.P.C.. ... Af....
Rash Driving - Criminal Offence - Section 279, 304-A of I.P.C. - [Section 279, Section 304-A of I.P.C.] - The court affirmed the ... Final Decision: The court affirmed the conviction against the accused for offences punishable under Section 279 and 304-A ... of I.P.C. ... by the appellate court, is reduced to imprisonment already undergone under Section 279 of I.P.C., and sentence is modified und....
-In the instant case, the appellant has been held guilty of offences u/ss. 279 and 304A IPC for driving rashly ... amount of fine as compensation when it forms part of the sentence whereas under Sub-section (3) the Court can direct the convicted person ... mother of the victim has no grievance and is willing to receive compensation-Sentence of imprisonment reduced to period already undergone ... Section 279, IPC and simple imprisonment for six months and fine of Rs.50....
1991 and petitioner having under gone protected trial deserved consideration on sentence—Substantive sentence reduced to period undergone ... Indian Penal Code, 1860—Sections 299 and 304A—Conviction under by Courts below—Revision—Truck driven by accused caused accident with ... appeared while crossing road—Site plan showed that width of road at the place of accident was 25 feet and truck was 14 feet away from left ... State of Karnataka & Another2, the offence punishable under Section 279 and 304A #HL_S....
and fine increased to Rs. 50,000/- Sentence and fine passed for offence u/Sec. 279 IPC remains unaltered — Sentence to run concurrently ... or the sentence be reduced — Rash gnd negligent driving by the petitioner — Sentenced for maximum term of two years for offence ... to the right direction and the deceased hit the vehicle on the left side — Held — Sentence reduced from two years to six months ... months rigorous imprisonment and a fine of Rs. 500/-, on non payment of fine, to further undergo 15 days....
Having regard to the aforesaid circumstances as well as the fact that the petitioner was an old person of 60 years, the Court held ... guilty for above offences and was convicted and sentenced for the same. ... On the date of occurrence, petitioner was driving bus on Highway, and he saw a truck parked on left hand side and another truck coming ... imprisonment for two years along with a fine of Rs. 500/- for an offence under Section 304-A IPC, RI for three months for an offence under S....
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