Causing death by rash and negligent driving: Accused gets 6 months in jail

NT Correspondent

Bengaluru: The High Court of Karnataka has upheld the sentence of imprisonment of six months on a person who caused the death of a pedestrian due to rash and negligent driving.

The Court noted that there were growing instances of youngsters causing accidents while driving vehicles adventurously, even without possessing valid documents.

“This Court has been constantly noticing an increase in the number of accidents, that too without possessing any valid driving licence and insurance policy to the vehicle and also it is noticed that the driver or rider of such vehicle are totally rash and negligent in driving such vehicle in a rash and negligent manner and also driving with youthful adventurous enthusiasm without possession any valid documents, such as, driving licence or insurance policy to such vehicle, as if there are no traffic Rules or no discipline of law has come to the centre stage.”

One Parameshaiah was walking on the KoratagereUridigere Road when Hanumantharayappa, then 22, riding a motorcycle, came in a rash and negligent manner and dashed against the victim.

In the accident on July 23, 2012, Parameshaiah sustained injuries on his forehead, right cheek, right elbow, left knee, right shoulder, left wrist joint, left palm and little finger.

Parameshaiah was treated in various hospitals in Tumakuru and Bengaluru but succumbed to his injuries. Hanumantharayappa was booked under Section 279 (rash and negligent driving), 304-A (causing death by negligence) of the Indian Penal Code (IPC) and Sections 180, 181, 187, 196 of the Indian Motor Vehicles Act.

The Trial Court found Hanumanthayarappa guilty of offences under Section 279 and 304A of the IPC and sentenced him to undergo imprisonment of six months and pay a fine of Rs.5,000 on March 28, 2014.

Hanumantharayappa filed an appeal in the District and Sessions Court at Madhugiri which confirmed his sentence. He approached the High Court with a revision petition in 2015. Justice Venkatesh Naik T heard the petition and gave his judgement recently.

In the present case, the HC said that there was negligent driving. “On perusal of the material available on record in the instant case, the factum of rash and negligent driving has been established,” the judgement said.

The HC said that a minimum sentence of six months imprisonment should be imposed under Section 304A as has been dictated by several judgements of the Supreme Court in such matters.

Therefore, it dismissed the petition filed by Hanumantharayappa saying, “Having regard to the fact that accused No.1 was aged about 22 years at the time of the accident and he has faced the proceedings since 2012 and also the fact that he has no criminal antecedents, considering the factual and legal facts placed on record, the trial Court, as well as Appellate Court, have concurrently held that petitioner - accused No.1 is guilty of the offence alleged against him and convicted him with maximum imprisonment for six months. There is no merit in this petition.” (CrlRP 784/2015)