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SURENDRAN – Appellant
Versus
SUB-INSPECTOR OF POLICE – Respondent
What is the scope of sentencing reduction or modification in view of mitigating circumstances in criminal cases? What is the appropriate remedy when the incident occurred many years ago to avoid imprisonment and impose a fine instead? What are the conditions or limits on converting imprisonment sentences to fines in cases involving sections 279, 337, and 338 IPC?
Key Points: - The Court indicates that sentence can be reduced or modified in view of mitigating circumstances in favor of the accused. (!) - The incident occurred in 1995 (more than 26 years ago); Court considers substituting imprisonment with a fine due to passage of time and holding it would be harsh to jail after long lapse. (!) (!) - The judgment confirms conviction under sections 279, 338, and 337 IPC but modifies punishment by converting six months imprisonment under sections 279 and 338 into fines (Rs.1000 each) while maintaining the fine under section 337 IPC at Rs.1000; overall, sentence modified but conviction upheld. (!)
JUDGMENT :
ASHOK BHUSHAN,J.
Leave granted.
2. This appeal has been filed against the judgment of the High Court dated 01.09.2015 dismissing the Criminal Revision filed by the appellant challenging his conviction and sentence under Section 279, 337 and 338 IPC.
3. The appellant, a bus driver, while driving bus No.KL7D 4770 caused an accident on 16.02.1995 in which car driver of KL 10B 5634 was injured. The appellant was charged with offence under Sections 279, 337 and 338 IPC. The learned Judicial First Class Magistrate vide his judgment dated 28.04.1999 convicted the accused under Section 279 IPC and 338 IPC and sentence him to undergo six months imprisonment and fine of Rs.500/-was imposed, in default to undergo simple imprisonment for one month under Section 337 IPC.
4. An appeal was filed by the appellant which was dismissed by the learned Sessions Judge by judgment dated 29.05.2003. Criminal Revision was filed in the High Court challenging the judgment of the learned Sessions Judge which Criminal Revision petition has been dismissed by the High Court vide the impugned judgment dated 01.09.2015.
5. This Court on 01.08.2016 issued notice only on the question of sentence. Service of not
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