Conviction under IPC Sections 279/304A maintained; sentence reduced due to mitigating circumstances and passage of time.
The Delhi High Court has upheld the conviction of Charan Singh under Sections 279 and 304A of the Indian Penal Code for causing death by rash and negligent driving. However, considering the passage of over 25 years since the incident and the petitioner's mitigating circumstances, the court has reduced the sentence to the period already undergone by Singh.
In the incident dating back to June 13, 1999, a DTC bus driven by Singh collided with a scooter, resulting in the death of the pillion rider. The trial court had initially sentenced Singh to one year of simple imprisonment and imposed a fine of Rs. 4000. The Additional Sessions Judge later upheld this decision, prompting Singh to file a revision petition with the High Court.
In his plea, Singh's counsel argued that the trial and sessions courts had failed to appreciate inconsistencies in the prosecution's case and that Singh was prejudiced by the non-examination of the investigating officer. They also highlighted typographical errors in the prosecution's documentation and claimed that the identification of Singh in court two years post-incident was unreliable.
Justice Amit Mahajan, presiding over the case, noted that the High Court’s role in revision is limited to assessing the correctness, legality, and propriety of lower court judgments. The court found the testimonies of the eyewitnesses credible and consistent, dismissing the argument that they were tutored or unreliable despite being known to the victim.
The court acknowledged the delay in proceedings and Singh's clean antecedents over the intervening years. Given these factors, along with Singh’s age and health issues, the court deemed it inappropriate to impose further imprisonment. The court emphasized the reformative purpose of sentencing and opted to reduce Singh's sentence to the period already served while maintaining the conviction.
Singh has already paid the fine imposed by the trial court, and his bail bond and surety have been discharged following the High Court's decision.
Bottom Line:
Rash and negligent driving leading to death - Conviction under Sections 279/304A of IPC upheld by the High Court. Sentence reduced to period already undergone considering lapse of over 25 years since the incident and petitioner's mitigating circumstances.
Statutory provision(s): Indian Penal Code, 1860 Sections 279, 304A, Code of Criminal Procedure, 1973 Section 313.
Charan Singh v. State, (Delhi) : Law Finder Doc Id # 2835374
