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SUPREME COURT OF INDIA
Ranjan Gogoi, CJI., Sanjiv Khanna, J.
Sajjan Singh - Appellant
Versus
State Of Haryana - Respondent
Criminal Appeal No. 207 of 2019
Decided On : 01-02-2019
Section 279 and 304-A IPC - Conviction for causing death by rash and negligent driving - Modification of sentence based on health condition of the accused
Fact of the Case:
The accused appellant was convicted under Section 279 and 304-A IPC for causing death by rash and negligent driving of a bus in an accident. The conviction and sentence were affirmed by multiple courts.
Finding of the Court:
The Court noticed the health condition of the accused appellant and modified the sentence for the offence under Section 304-A IPC to six months' rigorous imprisonment with a fine of Rs.2,000/- and default stipulation.
Issues: Re-appreciation of evidence, question of sentence, health condition of the accused
Ratio Decidendi: The Court modified the sentence based on the totality of the facts of the case and the health condition of the accused appellant.
Final Decision: The appeal was disposed of with the modification of the sentence for the offence under Section 304-A IPC.
ORDER
1. We have heard the learned counsels for the parties.
2. Leave granted.
3. The accused appellant has been convicted under Section 279 and 304-A IPC for causing death by rash and negligent driving of a bus in an accident that had occurred on 24th July, 1998. The conviction and sentence has been recorded by the learned trial Court; affirmed by the first appellate Court; and further affirmed by the Revisional Court i.e. the High Court. The contentions advanced require us to re-appreciate the evidence which we are not inclined to do being the fourth Court. By order of this Court dated 3 rd January, 2019 notice confined to the question of sentence was issued.
4. We have noticed that for the offence under Section 279 IPC the accused appellant has been sentenced to undergo rigorous imprisonment for a period of six months and for the offence under Section 304-A IPC he was sentenced to undergo rigorous imprisonment for a period of two years and fine of Rs.2,000/- with default stipulation.
5. The materials have been placed before the Court to show that the accused appellant is suffering from Parkinson disease and also Hepatitis B, though the stage of the Parkinson disease has not been indicated.
6. Taking into account the totality of the facts of the case and having regard to the fact that the maximum sentence under Section 304-A IPC as awardable has been imposed, we are inclined to interfere with the sentence imposed so far as the offence under Section 304-A IPC is concerned.
Accordingly, while affirming the conviction of the accused appellant under Section 304-A IPC, we modify the sentence to six months' rigorous imprisonment with fine of Rs.2,000/- and default stipulation as awarded. The accused appellant shall surrender and serve out the remaining period of the sentence.
7. With the aforesaid modification of the sentence, the appeal is disposed of.
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