STATE OF PUNJAB versus BALWINDER SINGH AND ORS.

Citation: [2012] 1 S.C.R. 45 · Decided: 06-01-2012 · Supreme Court of India · Bench: P. SATHASIVAM · Disposal: Appeal(s) allowed
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Judgment (excerpt)

[2012] 1 S.C.R. 45 
STATE OF PUNJAB 
v. 
BALWINDER SINGH AND ORS. 
(Criminal Appeal No. 47-48 of 2012) 
JANUARY 6, 2012 
[P. SATHASIVAM AND J. CHELAMESWAR, JJ.] 
Penal Code, 1860: 
A 
B 
ss. 304-A, 337 and 279 - Five deaths caused due to rash c 
and negligent driving and by colliding of two vehicles -
Sentence - Held: While considering the quantum of sentence 
to be imposed for the offence of causing death or injury by 
rash and negligent driving of automobiles, one of the prime 
considerations should be deterrence - For lessening the high o 
rate of motor accidents due to careless and callous driving 
of vehicles, the courts are expected to consider all relevant • 
facts and circumstances bearing on the question of sentence 
and proceed to impose a sentence commensurate with the 
gravity of the offeni;;e if the prosecution is able to establish 
E 
the guilt of the accused beyond reasonable doubt - Further, 
the criminal courts cannot treat the nature of the offence u/s 
304A as attracting the benevolent provisions of s.4 of the 
Probation of Offenders Act, 1958 - Order of High Court 
reducing the sentence to the period already undergone i.e. 
F 
15 days, set aside - Accused sentenced to six months RI each 
with fine - Probation of Offenders Act, 1958 - s. 4 - Sentence/ 
Sentencing. 
In a motor accident, caused by the collision between 
a bus and a truck due to rash and negligent driving by 
G 
the drives of both the vehicles, five persons travelling in 
the bus lost their lives. The trial court convicted the 
accused-drivers u/ss304-A, 337 and 279 IPC and 
sentenced each of them to two years rigorous 
45 
H 
46 
SUPREME COURT REPORTS 
(2012] 1 S.C.R. 
A imprisonment u/s 304-A and six months rigorous 
imprisonment u/ss 337 and 279 IPC. In the appeal, the 
Additional Sessions Judge confirmed the conviction and 
sentence. However, the High Court, in revision while 
confirming the conviction reduced the sentence to the 
B period already undergone, which was for 15 days. 
Allowing the appeals filed by the State, the Court 
HELD: 1. It is not in dispute that the trial court on 
appreciation of evidence and accepting the version of the 
C prosecution witnesses convicted the respondents u/s 
304A IPC. To bring a case of homicide u/s 304A IPC, the 
conditions are: (1) There must be death of the per-son in 
question; (2)the accused must have caused such death; 
and (3) that such act of the accused was rash or negligent 
D and that it did not amount to culpable homicide. [para 6-
7] [50-B; 51-F-G] 
2.1. While considering the quantum of sentence to be 
imposed for the offence of causing death or injury by rash 
E and negligent driving of automobiles, one of the prime 
considerations should be deterrence. For lessening the 
high rate of motor accidents due to careless and callous 
driving of vehicles, the courts are expected to consider 
all relevant facts and circumstances bearing on the 
F question of sentence and proceed to impose a sentence 
commensurate with the gravity of the offence if the 
prosecution is able to establish the guilt beyond 
reasonable doubt. Further, the criminal courts cannot 
treat the nature of the offence u/s 304A IPC as attracting 
the benevolent provisions of s.4 of the Probation of 
G Offenders Act, 1958. [para 10-11] [52-E-H] 
Dalbir Singh vs. State of Haryana, 2000 (3) SCR 1000 
= (2000) 5 SCC 82; 8. Nagabhushanam vs. State of 
Kamataka, 2008 (8) SCR 444 =2008 (5) SCC 730 - relied 
H on. 
STATE OF PUNJAB v. BALWINDER SINGH AND 
47 
ORS. 
2.2. In the instant case, the reasoning of the High A 
Court in reducing the sentence of imprisonment to the 
period already undergone, that is, 15 days cannot be 
accepted. Merely because the fine amount has been 
enhanced to Rs.25,000/- each, is also not a sufficient 
ground to drastically reduce the sentence, particularly, in B 
a case where five persons died due to the negligent act 
of both the drivers of the bus and the truck. Accordingly, 
the order of the High Court is set aside and a sentence 
of rigorous imprisonment for six months with a fine of Rs. 
5,000/- each is imposed on the accused. [para 12) [53-B-
C 
DJ 
Case Law Reference: 
2000 (3) SCR 1000 
2008 (8) SCR 444 
relied on 
relied on 
para 8 
para 9 
CRIMINAL APPELLATE JURISDICTION : Criminal Appeal 
No. 47-48 of 2012. 
D 
From the Judgment & Order dated 04.11.2009 of the High E 
Court of Punjab & Haryana at Chandigarh in Crl. Revision Nos. 
653 & 655 of 2000. 
Ashok Aggarwal, (Gen. Punjab), Man
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