Court exercised discretion under Article 142 for equitable relief in sentencing within IPC provisions.

ORDER

REVIEW PETITION (CRL.) NO.66 /2026 (DIARY NO. 45337/2025)

1. Delay condoned.

2. Seeking review of the judgment convicting the appellant for the charge under Sections 279 , 337, 338 and 304(A) of the Indian Penal Code , 1860.

3. The special leave petition was filed which was dismissed vide order dated 11.03.2024. However, on a submission made by the review petitioner for payment of amount of compensation to the family of the deceased, notice on the review petition was issued. The review petition is allowed and the special leave petition is restored to file in its original number.

CRIMINAL APPEAL No. /2026 ARISING OUT OF SLP (CRL) NO. 3369 OF 2024

4. Leave granted.

5. Arising out of an order dated 05.10.2023 passed by the High Court whereby affirming the conviction of the appellant while modifying the sentence under Section 304(A) of the Indian Penal Code from six months to three months enhancing the amount of fine from Rs.5,000/- to Rs.10,000/-, this appeal has been filed.

6. We have heard the learned counsel for the parties and considered the fact that a 13 years old boy had died in the accident due to negligence of the appellant. The provision of Section 304(A) does not mandatorily prescribe a sentence. Therefore, in lieu of the sentence required to be served by the appellant, if he makes a payment of fine of Rs.3,00,000/- in toto, the sentence may be commuted and the amount of fine, so deposited shall be used as compensation to the family of the deceased boy.

7. During hearing, we have virtually heard the mother and father of the deceased who were present in Police Station Devaraja Traffic Police Station, Mysore City, Karnataka along with the Assistant Commissioner of Police of the said police station and one translator. They were in the worst situation and willing to get compensation for their survival.

8. On the other hand, as per the information received through Police by learned Additional Advocate General, appearing for the State, the appellant is a construction material supplier.

9. Considering all the aspects and the equity which goes in favour of the complainant, we exercise our discretion as conferred under Article 142 of the Constitution of India and direct that the sentence of three months as awarded by the High Court shall be commuted subject to deposit of the fine of Rs.3,00,000/- in two installments. First installment of Rs.2,00,000/- be deposited by the appellant in the account of the father/mother of the deceased boy within one month. The remaining amount of Rs.1,00,000/- be paid on or before 06.04.2026. The details of the account be supplied to the appellant. In case of failure to deposit this amount, the appellant shall serve the sentence as awarded by the High Court.

10. Accordingly, the appeal stands disposed of. Pending applications, if any, shall stand disposed of.

ORDER

REVIEW PETITION (CRL.) NO.66/2026 (DIARY NO. 45337/2025)

1. Delay condoned.

2. The review petition is allowed in terms of the signed order and the special leave petition is restored to file in its original number. Pending applications, if any, shall stand disposed of.

CRIMINAL APPEAL ARISING OUT OF SLP (CRL) NO. 3369 OF 2024

3. Leave granted.

4. The appeal is disposed of in terms of the signed order. Pending applications, if any, shall also stand disposed of.