After Crash Killed Four, Karnataka HC Upholds Lorry Driver’s Conviction, Cuts 304A Term From 2 Years To 1 And Raises Fine To ₹50,000

On 6 November 2008, a lorry driven by the petitioner collided with a Mahindra pickup on the Dharwad–Saundatti Road. The prosecution alleged that the petitioner drove rashly and negligently, causing injuries and the eventual deaths of four occupants, and left the scene without reporting the accident

The trial court convicted him under Sections 279, 337, 338 and 304A of the Indian Penal Code (IPC), and Section 134 read with Section 187 of the Motor Vehicles Act, 1988; the appellate court affirmed the conviction

In revision, the petitioner challenged the appreciation of evidence and sought acquittal, or alternatively a reduction in sentence

The petition invoked the High Court’s revisional jurisdiction under Sections 397 and 401 of the Code of Criminal Procedure, 1973.

The Court considered the offences under Sections 279, 337, 338 and 304A IPC, and Section 134 read with Section 187 of the Motor Vehicles Act

Section 304A IPC provides that causing death by a rash or negligent act not amounting to culpable homicide is punishable with imprisonment for up to two years, a fine, or both; the Court treated the provision as allowing discretion in selecting the sentence

The Court found that the evidence, including that of occupants of the pickup who testified to the lorry driver’s rash and negligent driving, had been properly assessed by both lower courts

It rejected the contention that the pickup’s alleged excess passengers absolved the petitioner of negligence, and held that the petitioner had not shown that the concurrent findings were improperly reached

On sentence, however, it relied on the discretion under Section 304A IPC and the petitioner’s age at the time of the accident, stated to be 23, to reduce the imprisonment imposed for that offence

The conviction under Sections 279, 337, 338 and 304A IPC and Section 134 read with Section 187 of the Motor Vehicles Act was affirmed

The Section 304A sentence was modified to one year’s simple imprisonment and a fine of ₹50,000, with six months’ simple imprisonment in default; the sentences for the other offences were retained, and all terms of imprisonment were ordered to run concurrently

The petitioner was directed to surrender before the trial court within four weeks and pay the fine