2000 (2 )ACR1282 (SC), AIR2000 SC 1677 , 2000 (2 )ALD(Cri)1 , 2000 (41 ) ACC 29 , 2001 (2 )ALT(Cri)1 , 2000 CriLJ2283 , 2000 (2 )Crimes280 (SC ), 2000 INSC 284 , JT2000 (5 )SC 463 , 2000 -2 -LW(Crl)768 , 2000 (2 )MPJR(SC)275 , 2001 (2 )PLJR72 , 2000 (2 )RCR(Criminal)816 , 2000 (4 )SCALE323 , (2000 )5 SCC82 , 2000 (2 )TAC684 , ,MANU/SC/0345/2000
K.T. Thomas#Doraiswamy Raju#2234SC2230Judgment/OrderACC#ACJ#ACR#AIR#ALD(Cri)#Allahabad Criminal Cases#ALT (Criminal)#CriLJ#Crimes#INSC#JT#LW(Criminal)#MANU#MPJR#PLJR#RCR (Criminal)#SCALE#SCC#TACK.T. Thomas,SUPREME COURT OF INDIA2012-9-24Causing death by negligence,Offences Affecting the Human Body,Causing death by negligence,Offences Affecting the Human Body,Probation system,Punishments,Grant of Probation,Causing death by negligence,Offences Affecting the Human Body,Negligence and tortious liability : Concept of Negligence in Civil law and Criminal Law,Causing death by negligence,Offences Affecting the Human Body,Sentence,Rash driving or riding on a public way,Offences Affecting The Public Health, Safety, Convenience, Decency and Morals,Indian Penal Code16097,16128,28256 -->
MANU/SC/0345/2000
IN THE SUPREME COURT OF INDIA
Criminal Appeal No. 426 of 2000 [Arising out of SLP (Crl.) No. 1152 of 2000]
Decided On: 04.05.2000
Appellants: Dalbir Singh Vs. Respondent: State of Haryana
Hon'ble Judges/Coram:
K.T. Thomas and Doraiswamy Raju ORDER
K.T. Thomas, J.
1. Then automobiles have become death traps any leniency shown to drivers who are found guilty of rash driving would be at the risk of further escalation of road accidents. All those who are manning the steering of automobiles, particularly professional drivers, must be kept under constant reminders of their duty to adopt utmost care and also of the consequences befalling them in cases of dereliction. One of the most effective ways of keeping such drivers under mental vigil is to maintain deterrent element in sentencing sphere. Any latitude shown to them in that sphere would tempt them to make driving frivolous and frolic.
2. A man who drove a stage carriage knocked down a cyclist who succumbed to his injuries. The said driver was convicted of the offence relating to rash or negligent driving and he was sentenced to a term of imprisonment. His appeal and revision were dismissed by the Sessions Court and the High Court respectively. He has now come up with the special leave petition. Leave is granted.
3. After hearing learned Counsel for the appellant we did not feel the necessity to wait for the arguments on behalf of the respondent-State. So we did not issue notice to the State.
4. Appellant was driving a bus which belonged to Haryana Roadways. It was on 4.7.1994 at 6.15 P.M. that the cyclist was knocked down in front of the main gate of the Boards of school Education at Bhiwani. The cyclist was just going out of the office of the Board where he was working. The bus, after hitting him down, dragged him for some distance. He was crushed to death. The driver was convicted under Section 279 and Section 304A of the IPC, and was sentenced to imprisonment for three months and one year respectively under the above two counts. He made a two-fold plea in the trial court. One was that he was not the person who drove the vehicle. The other was that the accident happened due to the negligence of the cyclist. Both the pleas were repelled by the trial court and the Sessions Court. On the positive side both the said courts found that the incident happened within the town area whereat offices are situated and hence the need to be greatly circumspect while dr........