Custodial sentences for road-accident offences may be replaced with enhanced fines where statutory discretion permits.

On 7 May 2014, the petitioner rode a motorcycle that struck Kasturi, who was standing by the roadside after crossing a national highway; she sustained a head injury and died

The trial court convicted him under Sections 279, 338 and 304-A of the Indian Penal Code, 1860 (IPC), and Sections 134 and 187 of the Motor Vehicles Act, 1988 (MV Act), and imposed custodial sentences and a fine

The appellate court dismissed his appeal and affirmed the conviction and sentence

In revision, the petitioner challenged the appreciation of evidence and sought acquittal; alternatively, he asked the High Court to reduce the custodial sentence and impose a higher fine

Whether the concurrent findings of guilt suffered from illegality or perversity warranting interference in revision

Whether the custodial sentences could be modified by substituting a fine

Sections 279, 338 and 304-A of the IPC and Sections 134 and 187 of the MV Act were the provisions under which the petitioner was convicted

The High Court considered its revisional jurisdiction under Sections 397 and 401 of the Code of Criminal Procedure, 1973, to determine whether the lower courts’ findings disclosed illegality or perversity requiring interference

It also noted that Section 279 IPC permits the court to impose imprisonment or a fine

The petitioner cited State of Karnataka v. Chalapathi in support of his challenge to the proof of rashness and negligence, but the High Court did not rely on that decision in its reasoning

The High Court found that PW1 and PW4 consistently testified to the petitioner’s rash and negligent riding and that the lower courts had properly assessed the evidence; it therefore rejected the challenge to the conviction and found no basis to interfere with the concurrent findings

On sentence, the court considered the petitioner’s request for a fine in place of imprisonment and relied on the sentencing discretion under Section 279 IPC. It partly allowed the revision by modifying the sentence to a fine of ₹55,000, with one year’s simple imprisonment in default

Of the fine, ₹50,000 was directed to be paid to the deceased’s mother upon proper identification, and ₹5,000 to be deposited with the State