JUDGMENT

Thomas, J.-When 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 or 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 n