Akanksha Singh-
Apex Court has sentenced to fine Rupees 2000 to an accused (a bus driver) of causing an accident by rash driving 26 years ago.
An Appeal was filed by the bus driver Surendran against the judgement of the High Court challenging his conviction and sentence under Section 279, 337 and 338 of the Indian Penal Code.
On 16th February 1995, Surendran while driving the bus caused an accident in which a car driver was injured. After that, he was charged with an offence under sec 279 IPC and 338 IPC including a sentence of 6 months imprisonment and a fine of Rupees 500.
The appellant contended that he is the sole bread earning member of a poor family having four children and his wife who is dependent on him. It is submitted that the appellant if sent to jail after more than 21 years, will suffer irreparable injury.
It was decided by the Coram consisting of Justices Ashok Bhushan, Vineet Saran and MR Shah that “The conviction of the appellant is affirmed, however, looking to the facts and circumstances of the present case especially the fact that 26 years have elapsed from the incident, we are inclined to substitute the sentence of six months imprisonment under Section 279 and 338 into fine. Six months sentence under Section 279 and 338 IPC are substituted by a fine of Rs.1000/- each whereas sentence of fine under Section 337 IPC is maintained.”
Hence, in conclusion, the Supreme Court sentenced to pay a fine of Rupees 2000 to Surendran.