Supreme Court Sets Aside Sentence In Rash & Negligent Driving Case After Accused Deposits 1L Compensation To Deceased’s Mother
The Supreme Court has set aside the sentence imposed on an accused in a rash and negligent driving case after observing that the accused has deposited Rs. 1 Lakh towards compensation to the mother of the deceased.
While the Court upheld the conviction of the accused for rash and negligent driving under Sections 279 and 304(A) of the IPC, it set aside the sentence of three months simple imprisonment imposed by the Madras High Court.
The Bench of Justice B.R. Gavai and Justice K.V. Viswanathan held “In view of the special facts of this case, while upholding the conviction, we set aside the sentence of three months simple imprisonment. We also set aside the fine of Rs.1,000/- for the offence under Section 279 of IPC as well as fine of Rs. 5,000/- for the offence under Section 304(A) of IPC. Instead, while maintaining the conviction, we order that the amount of Rs. 1,00,000/- deposited in this Court along with interest be paid to Mrs. Ponnalaghu W/o Vellaisamy (mother of the deceased) Ramar Kovil Street, M. Vadipatti Post Nilaikottai Taluk, Dindigul, District 624211. This is on account of the loss suffered by her on account of the act of the appellant and we pass this order in exercise of powers under Section 357(3) of the Cr.P.C.”
AOR A Velan represented the Appellant, while AOR Sabarish Subramanian appeared for the Respondents.
The prosecution alleged that the accused while driving a lorry, caused the death of the victim. The accused was convicted by the Judicial Magistrate who sentenced him to one year of simple imprisonment under Section 304(A) IPC and a fine under Sections 279 and 304(A) of the IPC. The sentence was later modified to three months of imprisonment by the Madurai Bench of the Madras High Court.
The Supreme Court found no reason to interfere with the accused’s conviction. However, considering that 11 years had elapsed since the incident, the accused had been on bail, and Rs. 1,00,000 had already been deposited in Court for compensation, the Court decided to set aside the sentence.
“While we do not absolve the appellant from the act of rash and negligent driving, we certainly want to keep the above factors in mind while considering the sentence. The appellant has deposited a sum of Rs. 1,00,000/- to be payable to the mother of the deceased who is the sole legal heir,” the Court remarked.
The Bench noted, “On 13.12.2023, the appellant offered to deposit an amount of Rs. 1,00,000/- (Rupees One Lakh only) towards compensation to the kin of the deceased. The statement was recorded and the interim protection was extended. The amount of Rs. 1,00,000/- since deposited is lying in the fixed deposit in the court.”
The Court upheld the conviction but set aside the sentence of imprisonment, directing that Rs. 1,00,000 already deposited by the acused be treated as compensation for the victim’s family.
Consequently, the Court directed, “The amount of Rs. 1,00,000/- lying in the fixed deposit, along with accrued interest in the registry of this Court will stand transferred to the court of Principal District and Sessions Judge, Dindigul. The Principal District and Sessions Judge shall direct the respondent herein the Inspector of Police, Nilakottai Station, Dindigul to reach out to the mother of the deceased as per the particulars mentioned above. The Principal District and Sessions Judge shall, after being satisfied about the identity, release the amount of Rs. 1,00,000/- along with interest that has accrued to the mother of the deceased.”
Accordingly, the Supreme Court partly allowed the Appeal.
Cause Title: Muthupandi v. State (Neutral Citation: 2024 INSC 950)
Appearance:
Appellant: AOR A Velan; Advocates Navpreet Kaur, Prince Singh and Nilay Rai
Respondents: AOR Sabarish Subramanian; Advocates C. Kranthi Kumar, Vishnu Unnikrishnan, V.M. Eashwar, Danish Saifi and Aswani Satheesh