Punjab

High Court emphasizes value of human life, rejects leniency in fatal accident case

Chandigarh : The Punjab and Haryana High Court has refused to show any leniency to a convict in a fatal accident case after making it clear that every human life is valuable and the principal aim and object of the Indian Penal Code is to punish the offenders.

The Bench was hearing petition filed by a motorist against Additional Chief Judicial Magistrate order dated December 7, 2018, whereby he was sentenced to two years rigorous imprisonment after being convicted for causing death by negligence, rash driving or riding on a public way and another offence under Sections 279, 304-A and 427 of the Indian Penal Code.

He had also challenged judgment dated July 4, 2022, passed by Gurdaspur Sessions Judge whereby his conviction and sentence under Sections 304-A and 279 was affirmed.

Justice Harsh Bunger asserted every life was valuable, more so to his family which might be totally dependent on the person for sustenance. Sometimes losing a member could push a family to face miseries of life and it could take years for such families to revive.

Seeking a lenient view regarding the sentence, counsel submitted the petitioner was aged about 35 and had a daughter. He was not involved in any other case of rash and negligent driving. The accident occurred way back in 2015 and the petitioner had suffered the agony of trial and appeal for the last more than seven years. Besides, he had suffered incarceration for almost nine months.

Taking up the matter, Justice Bunger referred to the case of `State of Himachal Pradesh versus Ramchandra Rabidas’, in which the Supreme Court emphasized on the need to strictly punish the offenders responsible for motor vehicle accidents.

Dismissing the petition, Justice Bunger asserted: “Keeping in view the legal position and upon considering the facts and circumstances, it is observed that because of the rash and negligent driving on the petitioner’s part one innocent person lost his life”.

Leave a Reply

Your email address will not be published. Required fields are marked *