The Supreme Court has ordered the release of a man convicted of causing the death of a motorcycle pillion rider in a road accident, reducing his sentence to the time already served in custody. The case centered around the appellant’s rash and negligent driving of a mini lorry, which led to a collision with a motorcycle, causing the pillion rider to fall and suffer fatal injuries.
The appellant had been charged under various sections of the Indian Penal Code, including Sections 304(A) (causing death by negligence) and 338 (causing grievous hurt by endangering life). Notably, the court pointed out that there is no minimum prescribed sentence under these sections, allowing sentences to be adjusted. In this case, the maximum sentence could have been two years, but the court chose to impose a fine as an alternative to additional imprisonment.
The High Court had initially sentenced the appellant to six months of simple imprisonment, in addition to ordering him to pay Rs. 2.5 lakhs in compensation to the victim’s family. However, upon appeal, the Supreme Court modified this ruling. Taking into account the appellant’s financial difficulties and severe health issues, the court reduced the compensation to Rs. 50,000 and ordered his immediate release, as he had already spent 117 days in custody.
This ruling underscores the flexibility of sentencing under Sections 304(A) and 338 of the IPC, where punishments can be adapted to individual circumstances.
