Holding

The Supreme Court restored the trial court's six‑month simple imprisonment for the 304A offence, holding that the revision court's reduction of the sentence was erroneous.

Summary

The case involves a head‑on collision between a car driven by Dr. Venkatesh Kanakareddy and a mini‑lorry driven by Sharanappa Basanagouda Aregoudar, resulting in four deaths and one injury. The accused was convicted under IPC Sections 279, 337, 338 and 304A for rash and negligent driving. The trial magistrate sentenced him to six months' simple imprisonment for the 304A offence, with no separate sentences for the other sections, a sentence affirmed by the appellate court. On revision, a Single Judge of the Karnataka High Court reduced the 304A sentence to a fine (with default imprisonment of three months) and imposed nominal fines for Sections 337 and 338, which the State appealed as unduly lenient. The Supreme Court held that the revision court erred in reducing the sentence, emphasizing the need for a deterrent effect and the larger interest of society. It restored the trial court's sentence of six months' simple imprisonment for the 304A offence and maintained the trial magistrate's direction regarding the other sections. Consequently, the appeal was allowed.

Issues considered

Whether the revision court had the authority to reduce the sentence imposed by the trial court for offences under Sections 279, 337, 338 and 304A of the IPC.
Whether the sentence awarded for rash and negligent driving causing death was adequate and in line with the principle of deterrence.

Legislation cited

Indian Penal Code, 1860s. 279, s. 304A, s. 337, s. 338

Subjects

rash drivingnegligent drivingIPC 304Asentencingdeterrencerevision jurisdictionappeal

Judgment

A STATE OF KARNATAKA
v.
SHARANAPPA BASANAGOUDA AREGOUDAR

MARCH 21, 2002

B [R.P. SETHI AND K.G. BALAKRISHNAN, JJ.]

Penal Code, 1860: Sections 279, 337, 338 and 304-A.

Rash and negligent driving resulting in death of four persons-Trial
C Court found accused guilty and awarded 6 months imprisonment-On revision
Single Judge upheld the conviction but reduced the sentence-On appeal,
held, when accused found guilty of rash and negligent driving, Courts to
ensure that accused do not escape the clutches of law very lightly-Conviction
and sentence awarded by Trial Court upheld.
D Sentencing:

Discretion of Courts to consider wide range of facts while awarding
sentence-To be exercised with due regard to larger interest of Society.

E One 'V' alongwith his family, while returning back to his native place
by a car driven by himself had a head-on-collision with a lorry driven by the
accused-respondent. In the accident 'V' and three others died. The trial court
found accused guilty of offences punishable under Sections 279, 337, 338 and
304 of the Penal Code, and imposed a sentence of 6 months imprisonment.
In revision, Single Judge confirmed the conviction of the accused but reduced
F the sentence to payment of fine. Hence appeal b)' the State.

It was contended for the appellant-State that High Court was unduly
lenient in reducing the ·sentence which resulted in miscarriage of justice.

Allowing the appeal, the Court
G
HELD: 1.1. Having regard to the serious nature of the accident, which
resulted in the death of four persons, the Single Judge should not have
interfered with the sentence imposed by the court below. It may create and
set an unhealthy precedent and send wrong signals to the subordinate courts
which have to deal with several such accident cases. If the accused are found
H 692
STATE OF KARNATAKA v. SHARANAPPA BASNAGOUDA AREGOUDAR {K.G. BALAKRJSHNAN, J.J 693

guilty of rash and negligent driving, courts have to be on guard to ensure A
that they do not escape the clutches of law very lightly. The sentence imposed
by the courts should have deterrent effect on potential wrong-doers and
commensurate with the seriousness of the offence. [695-E-F]

1.2. Discretion has been given to the courts in the matter of sentence to
take stock of wide and varying facts that might be relevant for fixing the B
quantum of sentence. But it has to be exercised with due regard to larger
interest of the society. In the facts and circumstances of the present case, the
conviction and sentence as awarded by the trial court is upheld.
[695-G-H; 696-A]
c
- CRIMINAL APPELLATE JURISDICTION : Criminal Appeal No.
407 of 2002.

From the Judgment and Order dated 12.9.2000 of the Karnataka High
Court in Crl. R.P. No. 240 of 1999.
D
N.P. Midha and N. Ganpathy for the Appellant.

Shankar Divate for the Respondent.

The Judgment of the Court was delivered by
E
K.G. BALAKRISHNAN, J. Leave granted.

This appeal is preferred by the State of Karnataka against sentence
imposed on the respondent on the ground of its inadequacy. The respondent
was found guilty of offences punishable under Sections 279, 337, 338 and
304A of the Indian Penal Code. The trial Magistrate imposed a sentence of F
six months' imprisonment on the respondent for the offence punishable under
Section 304A !PC. No separate sentence was awarded for offences punishable
under Sections 279, 337 and 338 !PC. The respondent filed an appeal against
his conviction and sentence, but the appellate court declined to interfere
therewith. The respondent thereafter filed a Revision before the High Court G
and by the impugned judgment the learned Single Judge confirmed the
• conviction of the respondent on the three counts, but as regards the offence
punishable under Section 304A, the sentence was reduced to payment of a
fine of Rs,5,000 and in default thereof, the respondent was to undergo simple
imprisonment for three months. The learned Judge had chosen to impose a
sentence for the offence under Section 337 !PC with a fine of Rs. 500, in H
694 SUPREME COURT REPORTS [2002] 2 S.C.R.

A default to simple imprisonment for 15 days; and for the offence under Section
338 IPC with a fine of Rs. 550, in default to simple imprisonment for 15
days. No separate sentence was awarded for the offence punishable under
Section 279 IPC.

We heard learned counsel on both sides. Learned counsel for the
B appellant-State contended that this is a case where the respondent was found
guilty of rash and negligent driving which resulted in the death of four
persons and injury to one person. The learned Single Judge, it was submitted,
was unduly lenient by awarding a light sentence to the respondent. It was
submitted that this has caused a serious miscarriage of justice and, therefore,· ~
C the impugned judgment be altered by awarding appropriate sentence on the
respondent.

For the purpose of this case, we would very briefly narrate the facts.

One Dr. Venkatesh Kanakareddy, along with members of his family
-
D proceeded to Mysore in a car from his native village Mahalingapur on 3.8.1991
to visit. his son who was studying there. PW-2, who was working as a
Compounder in his nursing home, also accompanied Dr. Venkatesh
Kanakareddy. They sp~nt the night of3.8.1991 at Mysore and at 8.00 PM on
4.8.1991 left Mysore. By about 7.30 AM on the next day, i.e. 5.8.1991, they
reached a place called Todas Cross near Hubli. The car driven by Dr.
E Venkatesh had a head-on collision with a mini lorry No. KA 25-1040 driven
by the respondent-accused. As a result of the collision, the right front wheel. ....
of the car burst and the driver of the car lost control of the vehicle and it
dashed against a nearby tree. Dr. Venkatesh Kanakareddy, his wife and another
occupant of the car died on the spot and one person was injured. The injured
F was removed to the nearby hospital, but he also succumbed to his injuries
~·
later on. The trial Magistrate and the appellate court found the respondent '
guilty of offences punishable under Sections 279, 337, 338 and 304A IPC
based on the evidence adduced by the prosecution. In Revision, the learned
Single Judge of the High Court also confirmed the convictio.n of the
respondent, but modified the sentence, for which the reasons recorded in
G paragraph 2 of his judgment are as under:

"From the evidence, it is apparent that due to bursting of the front .,
tyre, the car went to right side of the road and that is how the collision
took place. While to this extent the petitioner could be said to be
innocent and while _that aspect of innocence could certainly influence
H the decision relating to sentence, I am of the opinion that the accident
_, STATE OF KARNATAKA v_ SHARA NAPP A BASNAGOUDA AREGOUDAR {K.G. BALAKRISHNAN. J_J 695

having taken place at 7.00 a.m., with no other vehicles being on the A
road and when it is as wide a road as of 40 feet width totally, the
negligence on the part of the petitioner lies in the fact that he did not
make any efforts to avoid the collision. It is for this reason that I
would conclude that the petitioner has rightly been convicted of the
offences. However, in the circumstances, this is not a case wherein B
the petitioner should be sent to jail as has been done by the learned
Magistrate and as affirmed by the learned Sessions Judge."

It may be noted here that the respondent had raised a plea before the
learned Magistrate as well as before the appellate court that the accident
might have occurred due to the bursting of the right front tyre of the car as C
a result of which the car went to the right side of the road and dashed against
the lorry. But this plea was not accepted by the trial court as well as the
appellate court. A suggestion to this effect was put to the Motor Vehicles
Inspector who had examined the vehicle after the accident. However, the
Inspector also declined the suggestion that the accident might have occurred
as a result of bursting of the tyre and he opined that the tyre would have burst D
, due to the collision between the two vehicles. The possibility of the car
having gone to the extreme right side is also ruled out by the evidence. The
observation made by the Revisional court is not based on the evidence on
record.

We are of the view that having regard to the serious natore of the
E
accident, which resulted in the death of four persons, the learned Single
Judge should not have interfered with the sentence imposed by the court
below. It may create and set an unhealthy precedent and send wrong signals
to the subordinate courts which have to deal with several such accident cases.
If the accused are found guilty of rash and negligent driving, courts have to F
be on guard to ensure that they do not escape the clutches of law very lightly.
The sentence imposed by the courts should have deterrent effect on potential
wrong-doers and it should commensurate with the seriousness of the offence.
Or"course, the Courts are given discretion in the matter of sentence to take
stock of the wide and varying range of facts that might be relevant for fixing G
the quantum of sentence, but the discretion shall be exercised with due regard
to larger interest of the society and it is needless to add that passing of
sentence on the offender is probably the most public face of the criminal
justice system.

In the facts and circumstances of this case, we are inclined to interfere H
696 SUPREME COURT REPORTS (2002) 2 S.C.R.

A with the judgmen.t· of the learned Single Judge and hold that the respondent
is liable to undergo the sentence imposed by the trial Magistrate and affirmed
by the appellate court. Consequently, we direct that for the offence punishable
under Section 304A, the respondent be taken into custody to undergo a
simple imprisonment for six months. As regards offences under Sections 279,
337 and 338 IPC, no separate sentence has been awarded by the trial
B Magistrate. The direction of the trial Magistrate is maintained.

The appeal would stand allowed accordingly.

S.K.S. Appeal allowed.

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