SC quashes HC verdict reducing sentence in fatal road accident case
SC says high court showed undue sympathy to the accused that is unsustainable and deserves to be set aside
The Supreme Court has quashed a verdict of the Punjab and Haryana high court that had reduced the sentence awarded to an SUV driver for causing death by rash and negligent act, holding that showing “undue sympathy” to the accused is unsustainable.
The apex court observed that the high court had not at all considered that the Indian Penal Code (IPC) was punitive and deterrent in nature, and its principal aim and object was to punish offenders for offences committed under the code.
The top court delivered its verdict on an appeal filed by the state of Punjab against the HC judgment that had upheld the conviction of an accused for the offence under Section 304-A (causing death by rash and negligent act) of the IPC but reduced the sentence from two years to eight months, subject to a prior deposit of ₹25,000 towards compensation to be paid to the family of the deceased.
‘Gravity of offence not considered’
The bench of justices MR Shah and CT Ravikumar, in its March 28 verdict, noted that while reducing the sentence the high court had not considered the gravity of the offence and the manner in which the accused committed it by driving an SUV in a rash and negligent manner due to which one person died and two others, who were travelling in an ambulance, sustained injuries.
“The high court has also not properly appreciated and considered the fact that due to the collision, the ambulance turned turtle. This shows the impact on the ambulance and the rash and negligent driving on the part of the accused,” it said, adding cogent reasons were given by the trial court that had sentenced the accused to two years in jail.
The road accident had taken place in January 2012 when an SUV driven by the accused had hit an ambulance that was going from Chandigarh to Mohali.
Referring to a previous judgement of the apex court, the bench observed that the top court had, time and again, emphasised on the need to strictly punish offenders responsible for causing motor vehicle accidents.
“The principle of proportionality between the crime and punishment has to be borne in mind. The principle of just punishment is the bedrock of sentencing in respect of a criminal offence, the court held.
“Applying the law laid down by this court... to the facts of the case on hand, the impugned judgment and order passed by the high court, interfering with the sentence imposed by the trial court confirmed by the first appellate court, by showing undue sympathy to the accused is unsustainable and the same deserves to be quashed and set aside,” it said, while reversing the HC verdict reducing the sentence and restoring the sentence imposed by the trial court.
The court granted four weeks to the accused to surrender to undergo the remaining sentence.
Patient in ambulance was killed in mishap
The accident had taken place on January 12, 2012, when an ambulance, being driven by Manjinder Singh, was bringing a patient, Madan Lal, from Chandigarh towards Prabh Ashram, Mohali. One Ashwani Kumar was also sitting in the ambulance.
Around midnight, when the ambulance reached near the Quark City light point in Phase 8B, Industrial Area, Mohali, a Mahindra Scorpio (CH01-AF-8543) rammed into the ambulance, causing it to overturn.
The driver, patient and Ashwani, all three had suffered injuries in the mishap. The patient, Madan Lal, had succumbed later.
Three years later, the court of Mohali chief judicial magistrate, on April 18, 2015, had convicted the car driver, Dil Bahadur, and sentenced him to two-year jail.
Bahadur had approached HC against this order, and on April 26, 2017, the HC bench of justice Tejinder Singh Dhindsa had reduced the sentence from two years to eight months, taking note of the submissions that the accused was stated to be poor and the sole breadwinner of the family. The court, however, had given additional ₹25,000 compensation to the victim’s family.