Court reduces jail term of man for negligently causing death

A Delhi court has reduced to three months the jail term of a man, convicted for negligently causing death of a person by his rash driving, saying that the sentence of two years awarded by the magisterial court was "harsh and did not serve the purpose".
Additional Sessions Judge (ASJ) Sanjeev Jain modified the jail term of Babloo Singh, while upholding his conviction for rashly driving his truck and negligently causing death of one Balkishan.
"In my view, sentence awarded by the trial court is harsh and does not serve the purpose," the ASJ said, adding that "no reasoning had been given by the trial court to justify the maximum sentence of two years under section 304 A (causing death by negligence) of the IPC".

The court, while accepting the submissions of Singh's counsel that he was poor and a first time offender, took a lenient view towards him and set aside the magistrate's order on the sentence.
"Keeping in view the incriminating and mitigating circumstances, Babloo Singh deserves some leniency. It is true that road accidents are generally the results of rash and negligent driving by someone and the results are dangerous in the form of deaths or serious injuries.
"Generally, nobody wants to involve himself in such offences but still they are being committed due to rashness and negligence. In my opinion, in such offences, apart from incriminating and mitigating circumstances of the particular case, the purpose of punishment should be deterrence as well as reformative," the ASJ said.

The court was hearing an appeal filed by Singh, a resident of Uttar Pradesh, challenging the April 21, 2014 order of a magistrate sentencing him to two years jail for the offences of rash driving and causing death by negligence of the IPC.

The accident took place late night on August 7, 2011 when Singh's rashly driven truck had hit Balkishan's car which was parked on the roadside in Safdarjung Enclave here. Due to the impact, Balkishan, who was sitting inside the car, died.
In his appeal, Singh contended that the sentence awarded to him was harsh and inappropriate and sought leniency saying he was poor and had the responsibility of his minor children.

The sessions judge accepted his proposal to pay Rs one lakh compensation to the victim's kin and directed him to give the amount to the trial court within 30 days.
The ASJ, however, rejected his contention that there was contributory negligence on the part of the victim.