The main charge against the appellant is about causing death
by rash and negligent driving of the mini Lorry which resulted in
the death of the pillion rider of the motorcycle. For conviction
under Section 304(A) and Section 338 of the IPC, there is no
minimum sentence prescribed but the term of sentence may extend to 2 years. The sentence can also be limited to fine without any term of imprisonment. For the offence under Sections 279 and 337 of the IPC, the maximum punishment prescribed is 6 months and punishment can also be fine only.
{Para 10}
12. A three-Judges Bench of this Court, on 30.06.2021, while
considering the case of negligent driving by a bus driver in
Surendran v. Sub-Inspector of Police, 2021 17 SCC 799, ordered for substitution of sentence, for the conviction under Sections 279 and 338 of the IPC, to fine only. The Court took into account that the accident had happened over 26 years ago and the concerned accused was on bail throughout the trial.
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. OF 2024
GEORGE Vs STATE OF KERALA .
Dated: SEPTEMBER 03, 2024.
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