Driving on the wrong side of the road amounts to negligence
Himachal Pradesh High Court Upholds Conviction in Negligent Driving Case. Shesh Ram denied benefit of Probation of Offenders Act for rash driving causing injuries in Hamirpur district
In a significant ruling, the Himachal Pradesh High Court, presided over by Justice Rakesh Kainthla, has upheld the conviction of Shesh Ram for negligent driving, rejecting his plea for the benefit under the Probation of Offenders Act. The court affirmed the decision of the Additional Sessions Judge, Hamirpur, who had previously upheld the trial court's conviction of Shesh Ram under Sections 279, 337, and 338 of the Indian Penal Code (IPC).
The case stems from an incident on June 25, 2008, when Shesh Ram's jeep collided with a motorcycle, injuring Rajesh Kumar and Manoj Kumar, both of whom sustained simple and grievous injuries. The collision occurred on the wrong side of the road, violating Rule 2 of the Rules of the Road Regulations, 1989, which mandates driving on the left side of the road.
Despite Shesh Ram's defense claiming the jeep was stationary, evidence presented by the prosecution, including site photographs and testimonies, confirmed that the jeep was on the wrong side, leading to the accident. The mechanical examination of the vehicles revealed no defect that could have caused the accident, further supporting the prosecution's case.
The trial court initially sentenced Shesh Ram to rigorous imprisonment along with fines for each count under the relevant IPC sections, with sentences ordered to run concurrently. The appellate court later concurred with these findings, stressing the importance of deterrent sentences in road accident cases to emphasize drivers' responsibilities.
Justice Kainthla reiterated the court's stance against granting probation benefits in cases of negligent driving, citing the alarming proliferation of road accidents in India. The judgment referenced several Supreme Court rulings underscoring the necessity of deterrent sentencing to curb reckless driving and uphold road safety norms.
This judgment marks a significant reinforcement of road safety laws and highlights the judiciary's commitment to addressing negligence in driving through stringent legal measures.
Bottom Line:
Driving on the wrong side of the road in violation of the Rules of the Road Regulations, 1989 amounts to negligence, and the benefit of the Probation of Offenders Act cannot be granted to a person convicted under Sections 279, 337, and 338 of the IPC for such conduct.
Statutory provision(s): Sections 279, 337, 338 of IPC, Rule 2 of the Rules of the Road Regulations, 1989, Probation of Offenders Act, 1958
Shesh Ram v. State of Himachal Pradesh, (Himachal Pradesh) : Law Finder Doc Id # 2781493
