उच्चतम न्यायालय ने उतावलेपन और लापरवाही से वाहन चलाने (rash and negligent driving) के एक मामले में भारतीय दंड संहिता की धारा 304A और धारा 338 के तहत सजा को हिरासत में बिताई गई अवधि तक संशोधित कर दिया, क्योंकि इन धाराओं के तहत कोई न्यूनतम सजा (minimum sentence) निर्धारित नहीं है।
In a recent order, the Supreme Court (SC) of India ordered the release of a convict charged with causing the death of a pillion rider due to his rash and negligent driving by modifying the sentence to the period already undergone by him during custody. The bench constituting Justice Hrishikesh Roy and Justice Satish Chandra Sharma ordered for substitution of sentence to only fine after noting that there is no minimum punishment of sentence prescribed for under Section 304A and Section 338 of the Indian Penal Code (IPC). While doing so, the bench relied on its decision in the Surendran vs. Sub-Inspector of Police case.
In this case, the appellant was convicted of the offences punishable under Sections 279, 337, 338, and 304(A) of the Indian Penal Code, 1860 (IPC) in connection with a road accident. The allegation against the accused was that he drove the mini Lorry in a rash and negligent manner and the mini Lorry hit against the motorcycle coming from the opposite direction. The pillion rider fell from the impact, sustained grievous injuries, and died. The Lorry also hit a pedestrian walking on the road. The primary charge against the appellant is about causing death by rash and negligent driving of the mini Lorry which resulted in the death of the pillion rider of the motorcycle.
For conviction under Section 304(A) and Section 338 of the IPC, there is no minimum sentence prescribed but the term of sentence may extend to 2 years. The sentence can also be limited to a fine without any term of imprisonment. For the offence under Section 279 and Section 337 of the IPC, the maximum punishment prescribed is 6 months and punishment can also be fine only. Further, after noticing the circumstances and the material evidence, the High Court in the impugned judgment upheld the conviction and sentenced the appellant to suffer simple imprisonment for 6 months. The accused was also asked to pay compensation of Rs.2.5 lakhs based on the assurance given by his counsel offering to compensate the victim’s family.
The Supreme Court bench while considering the case of negligent driving by a bus driver in Surendran v. Sub-Inspector of Police ordered for substitution of sentence, for the conviction under Sections 279 and 338 of the IPC, to fine only. The Court took into account that the accident had happened over 26 years ago and the concerned accused was on bail throughout the trial. Further, the SC bench while upholding the conviction, reduced the compensation payable by the appellant to Rs.50,000/-. It further ordered, “This amount should be deposited before the trial court within 60 days of the release of the appellant. The trial court should then arrange for remitting the amount to the victim’s family.”
At last, the top court concluded the judgment stating, “Following the above, and the modification of sentence to the period undergone, the appellant, who is lodged currently in the Central Prison and Correctional Home, Thiruvananthapuram, is ordered to be released forthwith. The appeal is disposed of with this order.”