Rash Driving and Negligence: Supreme Court Upholds Conviction in Fatal Road Accident Case

The Supreme Court of India recently delivered a crucial judgment in the case of Subhash Chand vs. State of Punjab, reaffirming the conviction of an accused for causing death due to rash and negligent driving. The case highlights the serious legal consequences of reckless driving and reinforces the importance of holding individuals accountable for road safety violations.

Background of the Case

The case originated from a tragic road accident that occurred on March 10, 2000, around 7:30 AM on Mall Road, Patiala, Punjab. The accused, Subhash Chand, was alleged to have been driving a truck bearing registration number HPS-5716 at a high speed and in a rash and negligent manner. As a result, he hit a Hero Puck Moped, causing the death of its rider.

Eyewitnesses Nirpal Singh (PW-2) and Rajinder Singh (PW-3) testified that the truck driver was driving on the wrong side of the road, leading to the fatal collision. Following the accident, the accused fled from the scene, and he was later surrendered by his commandant from the Indo-Tibetan Border Police (ITBP) on April 4, 2000. Based on the eyewitness statements and investigation, an FIR was registered at Police Station Kotwali, Patiala, and the accused was charged under Sections 279 (rash driving) and 304-A (causing death by negligence) of the Indian Penal Code (IPC).

Trial Court Proceedings

During the trial, the prosecution presented multiple pieces of evidence, including:

Eyewitness testimonies of PW-2 Nirpal Singh and PW-3 Rajinder Singh, who identified the accused as the truck driver.
Forensic examination confirming that the impact of the collision led to severe injuries and the death of the victim.
The fact that the accused had fled the accident scene and was later surrendered by his commandant.

The accused denied his involvement, arguing that his identity as the driver of the truck had not been conclusively established. However, the Trial Court, after thoroughly examining the evidence, ruled that the prosecution had successfully proven that the accused was responsible for the accident.

On November 28, 2005, the Trial Court convicted Subhash Chand and sentenced him to:

Six months of rigorous imprisonment and a fine of Rs. 1,000 under Section 279 IPC.
Two years of rigorous imprisonment and a fine of Rs. 2,000 under Section 304-A IPC.

Appeal Before the Sessions Court

The accused challenged the conviction before the Sessions Court, Patiala. The appeal was dismissed on February 4, 2009, with the court affirming the findings of the Trial Court. The Sessions Court re-examined the evidence and concluded that there was no merit in the accused’s claim that his identity had not been established.

High Court Proceedings

Undeterred, the accused filed a criminal revision petition before the Punjab and Haryana High Court. On April 18, 2009, the High Court upheld the lower courts’ decisions and rejected the defense’s arguments. The High Court particularly noted:

“The tenor of the evidence is that Nirpal Singh (PW-2) did not identify as to who was driving the truck when it was involved in the accident but he identified the driver of the truck when he was produced in court. Therefore, from the said deposition, it cannot be said that Nirpal Singh (PW-2) had failed to identify the Petitioner as the person who was driving the truck. Moreover, Rajinder Singh (PW-3) also identified the accused in court as the person driving the offending truck.”

The High Court also considered the significant factor that the accused was surrendered by his own commandant, further strengthening the prosecution’s case.

Arguments Before the Supreme Court

In the final attempt to overturn his conviction, the accused appealed to the Supreme Court, raising the following key arguments:

Lack of proper identification: The accused argued that he was never properly identified as the driver of the truck.
Discrepancies in witness statements: The defense pointed out inconsistencies, such as variations in the estimated time of the accident and medical reports.
Absence of physical evidence: The accused claimed that no dent was found on the vehicle during its mechanical examination.
Passage of time: The accused contended that nearly 19 years had passed since the accident, and he had already served four months of his sentence.
Request for leniency: The defense sought probation instead of imprisonment, citing the long gap between the accident and the final verdict.

Supreme Court’s Verdict

The Supreme Court, in its judgment delivered on February 25, 2019, dismissed the appeal and upheld the conviction. The Court ruled that:

The identification of the accused was firmly established through the testimonies of multiple witnesses.
Minor inconsistencies in witness statements were not significant enough to override the prosecution’s case.
The passage of time did not reduce the gravity of the offense, and allowing leniency would set a wrong precedent.
Rash and negligent driving is a serious offense that leads to loss of lives, and courts must impose appropriate punishment to deter such reckless behavior.

The Supreme Court further observed:

“We find no reason to reduce the punishment awarded or to extend the benefit of probation where a 15-year-old boy lost his life due to the rash and negligent driving of the truck by the appellant, and where, after causing the accident, the appellant fled from the site and was surrendered by his commandant more than three weeks later.”

Conclusion

The ruling in Subhash Chand vs. State of Punjab reinforces the principle that rash and negligent driving leading to death must be dealt with strictly. The judgment underscores the accountability of drivers and highlights the importance of eyewitness testimony in securing convictions. By upholding the punishment, the Supreme Court has sent a strong message that reckless driving will not be tolerated and that individuals responsible for fatal road accidents will be held accountable, regardless of the time elapsed.

Petitioner Name: Subhash Chand.
Respondent Name: State of Punjab.
Judgment By: Justice Abhay Manohar Sapre, Justice Dinesh Maheshwari.
Place Of Incident: Patiala, Punjab.
Judgment Date: 25-02-2019.

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