In a matter of BMW car hit case, where on the intervening night of
9/10.01.1999, an unfortunate motor accident took place involving BMW car. The
BWM car driven by the accused in a drunken state, had caused the death of six
human beings and one injured. Bodies were lying on the road unattended.
The Supreme Court in State Tr.P.S. Lodhi Colony New Delhi Vs
Sanjeev Nanda [(2012) 8 SCC 450] observed:
The convict should serve the community, especially in crimes
relating to motor vehicles. Serving the society actually is not a punishment in
the real sense where the convicts pay back to the community which he owes. The
conduct of the convicts will not only be appreciated by the community, it will
also give a lot of solace to him, especially in a case where because of one’s
action and inaction, human lives have been lost.
In the above case, the Supreme Court in addition to a prison
sentence and fine held “the accused would do community service for two years
which will be arranged by the Ministry of Social Justice and Empowerment within
two months. On default, he will have to undergo simple imprisonment for two
years”.
The question that arose for consideration was whether the
respondent deserves to be held guilty of commission of offence under section
304 part II of the Indian Penal Code (IPC) or the conviction and sentences
awarded to him by the High Court of Delhi, under section 304 A of the IPC
should be held to be good and legally tenable. The Highest court held that the
High Court committed an error in converting the conviction to section 304A of
the IPC from that of 304 (II) IPC.
Prepared
by: S. Hemanth
Advocate
at Hemanth
& Associates
0 comments:
Post a Comment