The duty of care for public carriers and the need for deterrence in sentencing for rash and negligent driving resulting in death.

P.S. Teji, J.

1. By this petition filed under Section 397/401 of Cr. P.C. read with Section 482 of Cr. P.C. , the petitioner seeks to challenge the order of conviction dated 24.12.2014 passed by learned Additional Sessions Judge 02 (West) whereby the Criminal Appeal No.273/4/2014, filed by the petitioner has been dismissed. The petitioner also challenges the judgment and order on sentence dated 23.02.2013 and 25.02.2013 respectively, passed by learned Metropolitan Magistrate, West 01, Tis Hazari, Delhi, whereby the petitioner was sentenced to undergo simple imprisonment for a period of one month for the offence punishable under Section 279 of IPC and simple imprisonment for three months for the offence under Section 304A and fine of Rs.300/-.

2. Brief facts of the case of the prosecution are that the Accused Papender was driving a blue line bus bearing Registration No. DL 1P 5412 in a rash and negligent manner on 16.05.1998 at about 8.30 AM on T Point Club Road, Ring Road, Punjabi Bagh, New Delhi and had hit a scooter bearing Regn No. DIL 1237 and driver of the scooter Ranbir Sharma was taken to ESI Hospital where his statement was recorded and a case under Section 279/338 IPC was got registered. Vide DD No.37B dated 16.05.1998 information was received regarding death of injured Ranbir Sharma and accordingly Section 304A was added. Postmortem of the dead body of Ranbir Sharma was conducted. Necessary documentation was effected. Offending vehicle as also the vehicle of deceased were taken into police possession. Accused was arrested and then released on bail. Statement of witnesses were recorded. After conclusion of investigation, charge sheet was prepared and filed in Court. Cognizance was taken of the offence by the Court on 29.09.1999. Accused was summoned, appearance proceedings were completed and a notice under Section 279/304A IPC was framed against the petitioner vide order dated 29.02.2000 by the learned Trial Court to which the petitioner pleaded not guilty and claimed trial.

3. Prosecution had examined 8 witnesses and statement of accused under Section 313 of Cr.P.C. was recorded and vide judgment dated 23.02.2013, the petitioner was convicted for the offence under Section 279/304A IPC and vide order on sentence dated 25.02.2014, the petitioner was sentenced as indicated above. Thereafter the petitioner had preferred an appeal before the learned Additional Sessions Judge, which was dismissed vide order dated 24.12.2014, and the petitioner was directed to surrender before the Trial Court for serving the sentence on 7th January 2015.

4. The petitioner had filed the present revision petition alongwith application for suspension of sentence, which came up for hearing before this Court on 13th March, 2015 when the State was directed to file status report. On 25th March, 2015, the State had filed the status report and this Court observed that the petitioner had not surrendered before the Trial Court in compliance of order dated 24th December 2014 passed by learned Additional Sessions Judge and accordingly the petitioner was directed to surrender before Trial Court on or before 30th March, 2015. When the matter again came up for hearing on 7th May 2015, it was observed that the petitioner had surrendered before the Trial Court on 10th April, 2015 and since then, he is in custody.

5. On 21st May 2015, this Court allowed the application filed by the petitioner and suspended the sentence of the petitioner during pendency of the main revision petition. On the last date, i.e., 19th January 2016, the revision petition was heard finally and reserved for orders.

6. Mr. S.P. Rana, learned counsel for the petitioner contended that the petitioner categorically stated in his statement recorded under Section 313 of Cr. P.C. that he was not driving the Bus in negligent manner as the traffic light turned yellow from green, the scooterist stopped his scooter and he also tried to stop the bus but the brake pedal of the bus did not work p