Road Accident | Driver's Conduct In Immediately Taking Victim To Hospital Merits Leniency In Sentence: Karnataka High Court
Taking into account the accused-driver's act of shifting the injured victim to the hospital in his own car as a mitigating circumstance, the Karnataka High Court has modified the sentence awarded for rash and negligent driving resulting in death from one year to one day.The single judge bench of Justice V Srishananda, acknowledging the driver's decision not to flee the spot after the...
Taking into account the accused-driver's act of shifting the injured victim to the hospital in his own car as a mitigating circumstance, the Karnataka High Court has modified the sentence awarded for rash and negligent driving resulting in death from one year to one day.
The single judge bench of Justice V Srishananda, acknowledging the driver's decision not to flee the spot after the accident, reduced his jail term from one year to jail term till the rising of the court while enhancing the compensation to the victim's family to Rs 1,00,000 lakh.
“…In the considered opinion of this Court, if the sentence ordered by the trial Magistrate confirmed by the First Appellate Court for the offence under Section 304A IPC, if modified by directing the petitioner to undergo simple imprisonment for the day till the rising of the Court by enhancing the fine amount in a sum of ₹1,00,000/- which can be paid as compensation in a sum of ₹50,000/- each to the wife of deceased Anand Shetty, Mrs. Sumathi and Sri. Santhosh Kumar being the son, ends of justice would be met”, the court said while upholding the conviction and asking the accused to pay the fine amount in two instalments by the end of May and June respectively.
The court has also clarified that in the event of the accused not paying the amount, the original sentence of one year imprisonment ordered by the lower court would be restored, negating the leniency shown currently.
Riyaz was the driver of a car that took the life of the deceased Anand Shetty in 2015. Along with rash and negligent driving, he was sentenced to simple imprisonment of one year after the trial court found him guilty under Section 304A(causing death by negligence) of IPC. The conviction and sentence were upheld by the Sessions judge in criminal appeal. Aggrieved, he approached the High Court through a revision petition.
The single judge bench examined the accused's statement recorded under Section 313 Cr.P.C and noted as below:
“The material on record including the answer furnished by the accused at the time of recording the accused statement would go to show that after the accident, accused did not run away from the spot. But he stopped the car and came near the place of incident where injured had fallen down and took steps to shift the injured in his own car to the medical aid…”.
The court also considered the factum of the accused getting into another accident, placing a rod implant in his right leg and subsequently losing his driving job.
The court further added that since the accused was willing to pay the enhanced compensation and the dependants of the deceased was also willing to accept the same, modification of sentence awarded was warranted.
“Taking note of the immediate conduct of the petitioner soon after the accident in shifting the injured to the hospital in his own car and his willingness to pay the enhanced fine amount to the dependants of the deceased, apart from the compensation received by the dependants of the deceased before the Motor Accident Claims Tribunal, this Court is of the considered opinion that sentence needs modification”, the court hence noted in the order before granting the accused a relief in terms of imprisonment.
Appearance: Adv Harinath M.S. for Petitioner; HCGP Waheeda M.M for respondent state
Case Title: Mr. Riyaz Ahmed v. Karnataka State By North Traffic P.S., Mangalore
Case No: Criminal Revision Petition No. 486 of 2018