Supreme Court of India (Full Bench (FB)- Three Judge)




Section 337 – Causing hurt by act endangering life or personal liberty of others.

Section 279 – Rash driving or riding on a public way

Section 338 – Causing grievous hurt by act endangering life or personal safety of others


“1. The Courts below have maintained the
conviction of the appellant under
Section 304-A Indian Penal Code. We have
gone through the judgments of courts
below and we find no infirmity therein.
We uphold the conviction. The occurrence
took place on February 18, 1972. The
appellant has throughout been on bail.
He has been sentenced to six months
rigorous imprisonment and a fine of
Rs.250. We are of the view that it would
be rather harsh to send the appellant to
jail after 18 years of the occurrence.
The ends of justice would be met if the
appellant is asked to pay a fine of
Rs.2000/-. The sentence is thus
converted to a fine of Rs.2000/-. On
realisation the amount shall be paid to
the family of the deceased girl. The
amount be deposited with the Trial Court
within two months from today and the
trial court shall disburse the same to
the parents of the girl and in absence
of the parents to the next of kin of the
girl. In default of the payment of fine
the appellant shall under go imprisonment
for six months.”

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