Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1860: s.304A Penal Code |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1860: s.304A — Rash and negligent driving — Imposition of sentence — Adequacy of quantum of sentence — Death of two due to rash and negligent driving ~ Trial court convicted respondent and sentenced him to undergo 1 year rigorous imprisonment — High Court noted that LRs of the deceased were awarded compensation of Rs.7.30 lacs and Rs.12.07 lacs respectively and that respondent has undergone imprisonment of 24 days out of ore year and, therefore, while upholding conviction reduced _ the sentence to the period already undergone — Held: High Court was swayed away by the passion of mercy in applying the principle that payment of compensation is a factor for reduction of sentence to 24 days — itis absolutely in the realm of misplaced sympathy and in a way mockery of justice - The sentence of 1 year as imposed by the courts below is reduced to 6 months — Lawmakers to scrutinize, re-look and re-visit the sentencing policy in s.304A — Sentence/ Sentencing. , |
Judge | Honble Mr. Justice Dipak Misra |
Neutral Citation | 2015 INSC 276 |
Petitioner | State Of Punjab |
Respondent | Saurabh Bakshi |
SCR | [2015] 3 S.C.R. 590 |
Judgement Date | 2015-03-30 |
Case Number | 520 |
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