Rash & Negligent Driving: Protracted Trial, Reformative Tendency Of Accused Sufficient To Reduce Sentence: Punjab & Haryana High Court

While the Punjab & Haryana Hig Court affirmed the findings of guilt recorded by the Trial Court and the Appellate Court against a Truck Driver for rash and negligent driving, it modified the order on sentence, reducing the substantive imprisonment to the period already undergone, considering long passage of time and mitigating circumstances.Justice Vinod S. Bhardwaj said, "I find that the protracted criminal trial and the consequent agony faced by the petitioner, the actual sentence, out of total sentence, already undergone by the petitioner, the reformative tendency shown by the petitioner by not indulging in any other offence as well as the legal principles reproduced above are sufficient mitigating circumstances to reduce the quantum of sentence awarded to the petitioner."The case arose from FIR registered under Sections 279, 304-A IPC. The prosecution alleged that the petitioner was driving a TATA-1109 truck in a rash and negligent manner and struck Moti Lal, the owner-cum-driver of another truck, from behind near the Transport Area, Chandigarh.After hitting the deceased, the offending vehicle ran over his head, resulting in instant death at the spot. The petitioner was identified by the complainant, Rikhi Ram, who was working as a cleaner on the deceased's truck.The Trial Court, by judgment dated 06.05.2010, convicted the petitioner under Sections 279 and 304-A IPC and sentenced him to:Six months' rigorous imprisonment with fine of ₹1,000 under Section 279 IPC; andOne year and six months' rigorous imprisonment with fine of ₹1,000 under Section 304-A IPC,with both sentences directed to run concurrently.The conviction and sentence were affirmed by the Additional Sessions Judge, Chandigarh, vide judgment dated 21.08.2012, leading to the present revision petition before the High Court.The legal aid counsel appearing for the petitioner contended that the accident occurred in a parking area, making rash and negligent driving improbable and the deceased was allegedly under the influence of liquor and may have fallen on his own.The High Court, after examining the record, held that rhe eyewitness testimony was reliable and inspired confidence.The medical evidence conclusively established that death resulted from crush injuries caused by a heavy vehicle, ruling out accidental fall. No evidence was led by the defence to prove that the deceased was under the influence of alcohol. Identity of the petitioner as the driver of the offending vehicle stood proved beyond doubt, found the bench.The Court reiterated that revisional jurisdiction does not permit reappreciation of evidence unless findings are perverse or illegal, which was not the case here.Accordingly, the conviction under Sections 279 and 304-A IPC was upheld.On the question of sentence, the Court took note of the following mitigating factors:The incident occurred in 2006, and the petitioner had faced criminal proceedings for nearly 19 years.The petitioner had already undergone over five months of imprisonment.He had no previous or subsequent criminal involvement.The offence was not intentional.The petitioner had family responsibilities and dependent children.Relying on the Supreme Court's decision in Pramod Kumar Mishra v. State of UP (2023), the Court emphasized the reformative purpose of punishment over retributive justice.The High Court affirmed the conviction under Sections 279 and 304-A IPC and modified the sentence, reducing the substantive imprisonment to the period already undergone.Ms. Ritam Aggarwal, Advocate, (Legal-Aid-Counsel), for the petitioner(s).Mr. Alankrit Bhardwaj, Addl. P.P. U.T. Chandigarh.Title: Pawan Kumar v. State of U.T. ChandigarhClick here to read order

Rash & Negligent Driving: Protracted Trial, Reformative Tendency Of Accused Sufficient To Reduce Sentence: Punjab & Haryana High Court

LIVELAW NEWS NETWORK

Tags