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Supreme Court of India 2023-03-28 allowed

State of Punjab vs Dil Bahadur

Bench: 2 — M.R. Shah, C.T. Ravikumar

In Brief

A driver rashly and negligently overtook an ambulance from the left, causing a fatal collision that killed one person and injured two ambulance occupants. The Trial Court convicted him under Sections 279 and 304A IPC, sentencing him to two years rigorous imprisonment. The High Court upheld the conviction but reduced the sentence to eight months, citing the driver's poverty. The Supreme Court allowed the State's appeal, holding that the High Court showed undue sympathy by failing to consider the offence's gravity and its impact on victims. The Court restored the two-year sentence, emphasizing that proportionality and deterrence are essential to criminal sentencing, especially in road fatality cases.

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Criminal Law Motor Vehicle Offences Sentencing Proportionality Rash and Negligent Driving

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