NEW DELHI: A Delhi court has modified the sentence of two-year imprisonment awarded to a truck driver for causing death in an accident to one year, saying courts should not always choose the maximum punishment for a crime.
The court of additional sessions judge Rakesh Kumar Singh, in a recent order, stating that the magisterial court had awarded a harsh sentence to the driver, remarked, “No doubt, the accused has committed a very wrong act, which resulted in death. However, providing a maximum punishment will definitely be against the discretionary mechanism envisaged by the parliament and if a punishment has been provided which can go up to two years, the court should not always choose the maximum of two years punishment.”
The court was hearing an appeal filed by Shankar Lal against the judgement of a magisterial court in November 2018, which had sentenced him to rigorous imprisonment of two years for the offence under IPC section 304 A (causing death by negligence).
According to the prosecution, Lal hit a motorcycle on AIIMS flyover causing the death of a man, Upender, and grievous injuries to his friend on March 29, 2010. A case was registered against him at Hauz Khas police station under IPC sections 279 (Rash driving or riding on a public way) 338 (Causing grievous hurt by act endangering life or personal safety of others) and 304 A.
“Considering the fact that the accused is a poor person and is the sole bread-earner for his family, the punishment is reduced to one-year rigorous imprisonment,” the court said.
The court of additional sessions judge Rakesh Kumar Singh, in a recent order, stating that the magisterial court had awarded a harsh sentence to the driver, remarked, “No doubt, the accused has committed a very wrong act, which resulted in death. However, providing a maximum punishment will definitely be against the discretionary mechanism envisaged by the parliament and if a punishment has been provided which can go up to two years, the court should not always choose the maximum of two years punishment.”
The court was hearing an appeal filed by Shankar Lal against the judgement of a magisterial court in November 2018, which had sentenced him to rigorous imprisonment of two years for the offence under IPC section 304 A (causing death by negligence).
According to the prosecution, Lal hit a motorcycle on AIIMS flyover causing the death of a man, Upender, and grievous injuries to his friend on March 29, 2010. A case was registered against him at Hauz Khas police station under IPC sections 279 (Rash driving or riding on a public way) 338 (Causing grievous hurt by act endangering life or personal safety of others) and 304 A.
“Considering the fact that the accused is a poor person and is the sole bread-earner for his family, the punishment is reduced to one-year rigorous imprisonment,” the court said.
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