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Head Note

Indian Penal Code,1860  - Section 304-A , Section 337 , Section 279

Conviction under - Quantum of sentence - Rash driving - Collusion of bus with truck, resulting in death of five persons - No challenge to the finding of negligent and rash driving - Trial of seventeen years - Remained in prison for 15 days - High Court reducing the sentence to one already undergone and enhancing the fine to Rs.25000/- Justification - Held, while deciding the quantum of sentence, prime consideration should be deterrence - Professional drivers should not think that they would be leniently dealt with by courts - Considering the increase in the number of road accidents, nature of offence under Section 304A cannot attract the benevolent provision of Section 4 of the Probation of Offenders Act 1958. Dalbir Singh's case followed - Order of reduction of sentence set aside and sentence of rigorous imprisonment of six months imposed with a fine of Rs. 5000/-.

Topic(s)-

Important Decision(s)- S. 304A IPC - Considering the increase in the number of road accidents - Cannot attract benevolent provision of S. 4 of Probation of Offenders Act.