Supreme Court Alters Sentence In Negligent Driving Case
CASE TITLE: GEORGE VERSUS STATE OF KERALA
In a Recent judgement the Supreme Court ordered the release of a convict charged for causing the death of a pillion rider of a motorcycle due to his rash and negligent driving supreme court reduced his period of sentence to a period already suffered by him in custody.
Noting that there’s no minimum punishment of sentence prescribed for offence under Sections 304 A and 338 of the IPC, the bench comprising Justice Hrishikesh Roy and Justice Satish Chandra Sharma upon placing reliance on the case of Surendran Vs Sub Inspector of police reported in LL 2021 SC 279 ordered for substitution of sentence to only fine.
In the present case, the appellant was arrested on 10.05.2024 and by he was in custody for about 117 days.
The appellant was convicted of the offences punishable under Sections 279, 337, 338, and 304(A) of IPC in connection with a road accident. The main charges 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 (deceased) fell down from the impact, and succumbed to his grievous injuries.
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 Sections 279 and 337 of the IPC, the maximum punishment prescribed is 6 months and punishment can also be fine only.
The High Court in the impugned judgment after noticing the circumstances and the material evidence 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.
Upholding the conviction, the Supreme Court modified the impugned judgment of the High Court on Appellant’s argument to waive or reduce the compensation considering the fact he’s a poor man aged man suffering from severe medical issues.
while reducing the period of sentence to the sentence already suffered by him while he was in custody. Also, the court reduced the amount of compensation payable by him to the deceased family from Rs. 2.5 Lakhs to Rs. 50, 000/-
