BROUGHT  TO YOU  BY   RAJEEV BHATJIWALE

Dr KAILASH CHANDRA V / S STATE OF M.P. 2000(1) M.P.H.T.545

The accused a medical practitioner committed the act of rashness in giving injections of Tetracycline and Chloroquine without caution test .Deceased boy not having prima facie symptoms of Malaria .The accused did not prepare the papers which are required to be prepared before injecting those two injections .The medical evidence showed that there was an irruption on the whole body in the form of blisters.  The accused is clearly liable under section 304 --A 

DALBIR SINGH V/S STATE OF HARYANA AIR 2000 S C 1677=

Benefit of provisions not to be extended to persons convicted of offence of causing death by rash and negligent driving .  Bearing in mind the galloping trend in road accidents in India and the  consequences visiting the victims and their families criminal courts cannot treat the nature of offence under section 304 A- I.P.C as attracting the  provisions of section 4 of the probation of offenders act .While considering the quantum of sentence to be imposed for the offence of causing death by the rush for negligent driving of Auto mobiles one of the prime considerations should be deterrence.  The professional driver pedals  the accelerator  almost throughout his working hours.  He must constantly inform himself that he cannot afford to have a single moment of lexity or in attentiveness and he must always be remembered that he cannot escape from jail sentence.  This is the role which the courts can play particularly at the level of trial courts

MOHD. AYANUDDIN V/S STATE OF AP AIR 2000 SC 2511==

Merely because the passenger fell down from the bus while boarding it, presumption of negligence cannot be drawn against the driver.  the passenger might fall down from  the moving bus due to many reasons. it could be accidental or it could be due to negligence of the bus driver however to make the driver liable for negligent driving there  should be evidence that he moved the bus suddenly before the passenger could get into the vehicle or that the driver moved in vehicle even before getting any signal from rear side

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Last modified: April 21, 2001