The Supreme Court sentences bus driver to Rs.2000 fine for accident caused by rash driving 26 years ago.

The Supreme Court has imposed a fine of Rs.2000 for an accident which occurred 26 years ago. The appellant driver 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 sentenced 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. 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 whose Criminal Revision petition has been dismissed by the High Court vide the impugned judgment dated 01.09.2015. Finally the Appellant driver approached the Supreme Court where the Counsel for the appellant contended that the appellant was the sole bread earning member of a poor family consisting of four children and his wife. It was submitted that the appellant if sent to jail after more
then 21 years, will suffer irreparable injury. 
 
The Supreme Court observed that:
 
“We do not find any error in conviction recorded by the Trial Court. The conviction of appellant is affirmed, however, looking at the facts and circumstances of the present case, especially the fact that 26 years have elapsed from the incident, we are inclined to substitute the sentence of six months imprisonment under Section 279 and 338 into fine. Six month sentences under Section 279 and 338 IPC are substituted by fine of Rs.1000/- each whereas sentence of fine under Section 337 IPC is maintained.”

Surendran vs. Sub Inspector of Police