State of Punjab Versus Dil Bahadur
State of Punjab Versus Dil Bahadur
Landmark Cases of India / सुप्रीम कोर्ट के ऐतिहासिक फैसले
REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 844 OF 2023
(@ SLP (Crl) No. 2984 OF 2018)
State of Punjab ...Appellant(s)
Versus
Dil Bahadur …Respondent(s)
J U D G M E N T
M.R. SHAH, J.
1. Feeling aggrieved and dissatisfied with the impugned
judgment and order passed by the High Court of Punjab
and Haryana at Chandigarh in Criminal Revision
Application being CRR No. 4113/2016, by which, though
the High Court has upheld the conviction of respondent
herein for the offence under Section 304A of the Indian
Penal Code, however, has reduced the sentence from two
years to eight months, subject to a prior deposit of Rs.
25,000/- towards compensation to be paid to family/legal
heir of the deceased, the State of Punjab has preferred the
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present appeal.
2. That respondent herein – original accused was driving a
Scorpio Car rashly and negligently, due to which one
person died while over taking the ambulance from the left
side. Because of the rash and negligent driving on the part
of the respondent – accused two persons sitting in the
ambulance also suffered injuries. Due to the collision, in
fact, the ambulance turned turtle, which shows the
manner in which the accused was driving the Scorpio with
high speed. The respondent herein came to be tried for the
offences under Sections 279 and 304A of the IPC. The
learned Trial Court convicted the accused for the offences
under Sections 279 and 304A of the IPC and the sentence
of the accused came to be confirmed by the learned
Sessions Court. The accused preferred the present revision
application before the High Court. By the impugned
judgment and order, though the High Court has confirmed
the conviction of the accused for the offence under Section
304A of the IPC, however, has reduced the sentence to
eight months SI subject to a prior deposit of Rs. 25,000/-.
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At this stage, it is required to be noted that at the time
when the High Court decided the revision application, the
accused had undergone an actual sentence period of seven
months and fifteen days and therefore, the High Court
seems to have reduced the sentence to eight months only.
2.1 Against the impugned judgment and order passed by the
High Court by which the High Court has reduced the
sentence to eight months for the offence under Section
304A of IPC, the State of Punjab has preferred the present
appeal.
3. Ms. Kanika Ahuja, learned counsel appearing on behalf of
the State has vehemently submitted that in the facts and
circumstances of the case, the High Court has seriously
erred in interfering with the sentence imposed by the
learned Trial Court confirmed by the First Appellate Court.
3.1 It is submitted that while reducing the sentence the High
Court has shown un-due sympathy to the accused. It is
submitted that while reducing the sentence the High Court
has not properly appreciated and/or considered the
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manner in which the accused committed the offence. It is
submitted that the High Court has not properly
appreciated the fact that because of the rash and negligent
driving on the part of the accused one innocent person lost
his life and two persons suffered injuries who were
travelling in the ambulance.
3.2 It is submitted that the accused was driving the Scorpio
(car) with such a high speed and that too when he was on
the cross road, rashly and negligently and due to the
collision, the ambulance turned turtle. It is submitted that
therefore, the High Court ought not to have shown un-due
sympathy in favour of such an accused person, because of
whose act of rash and negligent driving one innocent
person lost his life and two persons sustained injuries.
3.3 Making the above submissions and relying upon the
decisions of this Court in the case of State of Madhya
Pradesh Vs. Surendra Singh (2015) 1 SCC 222 and in
the case of State of Punjab Vs. Saurabh Bakshi (2015) 5
SCC 182, it is prayed to allow the present appeal and
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restore the sentence imposed by the learned Trial Court
and confirmed by the learned Sessions Court.
4. While opposing the present appeal Shri Aftab Ali Khan,
learned counsel appearing on behalf of the respondent –
accused, appointed by the Supreme Court Legal Aid
Committee, has submitted that when considering the
mitigating circumstances the High Court has reduced the
sentence to eight months on a prior deposit of Rs.
25,000/- towards compensation to be paid to the
family/legal heir of the deceased, the same may not be
interfered with by this Court.
4.1 It is submitted that the respondent – accused is a poor
person and was only a driver and therefore, if he is sent to
undergo two years RI, he and his family members will
suffer. It is submitted that when the aforesaid facts have
been considered by the High Court and the High Court has
reduced the sentence, the same may not be interfered with
by this Court.
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5. Heard learned counsel appearing on behalf of the
respective parties at length. At the outset, it is required to
be noted that the respondent – accused has been convicted
for the offences under Sections 279 and 304A of IPC. His
conviction for the aforesaid offences have been confirmed
by the High Court by the impugned judgment and order.
However, by the impugned judgment and order, the High
Court has interfered with the sentence imposed by the`
learned Trial Court affirmed by the learned Sessions Court
and has reduced the sentence from two years to eight
months. However, while reducing the sentence, the High
Court has not at all considered the gravity of the offence
and the manner in which the accused committed the
offence and driving the Scorpio in rash and negligent
manner due to which one innocent person lost his life and
two persons who were travelling in the ambulance
sustained the injuries. The High Court has also not
properly appreciated and considered the fact that due to
collision the ambulance turned turtle. This shows the
impact on the ambulance and the rash and negligent
driving on the part of the accused. Cogent reasons were
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given by the learned Trial Court while sentencing the
accused to undergo two years RI for the offence under
Section 304A of IPC. From the impugned judgment and
order passed by the High Court, it appears that the case
on behalf of the accused that he is coming from a poor
family, is considered as mitigating circumstance. However,
the High Court has not properly considered that because
of the rash and negligent driving on the part of the
accused one innocent person died and two persons who
were travelling in the ambulance sustained injuries.
5.1 The High Court has not at all considered the fact that the
IPC is punitive and deterrent in nature. The principal aim
and object are to punish offenders for offences committed
under IPC. Sections 279 and 304A can be invoked only if
act of the accused is negligent and rash. As observed by
this Court in the case of State of Himachal Pradesh Vs.
Ramchandra Rabidas (2019) 10 SCC 75, this Court time
and again emphasised on the need to strictly punish
offenders responsible for causing motor vehicle accidents.
With rapidly increasing motorisation, India is facing an
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increasing burden of road traffic injuries and fatalities. The
financial loss, emotional and social trauma caused to a
family on losing a bread winner, or any other member of
the family, or incapacitation of the victim cannot be
quantified. As observed and held, the principle of
proportionality between the crime and punishment has to
be borne in mind. As observed that the principle of just
punishment is the bedrock of sentencing in respect of a
criminal offence.
5.2 At this stage, the decision of this Court in the case of
Saurabh Bakshi (supra), in which this Court was
considering the offence under Section 304A of IPC is
required to be referred to. On the principle of sentencing,
this Court has observed and held as under: -
“The eminent thinker and author, Sophocles, said
centuries back : “Laws can never be enforced unless
fear supports them.” The statement has its pertinence,
in a way, with the enormous vigour, in today's society.
It is the duty of every right-thinking citizen to show
veneration to law so that an orderly, civilised and
peaceful society emerges. It has to be borne in mind
that law is averse to any kind of chaos. It is totally
intolerant of anarchy. If anyone defies law, he has to
face the wrath of law, depending on the concept of
proportionality that the law recognises. It can never be
forgotten that the purpose of criminal law legislated by
the competent legislatures, subject to judicial scrutiny
within constitutionally established parameters, is to
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protect the collective interest and save every individual
that forms a constituent of the collective from
unwarranted hazards. It is sometimes said in an
egocentric and uncivilised manner that law cannot
bind the individual actions which are perceived as
flaws by the large body of people, but, the truth is and
has to be that when the law withstands the test of the
constitutional scrutiny in a democracy, the individual
notions are to be ignored. At times certain crimes
assume more accent and gravity depending on the
nature and impact of the crime on the society. No
court should ignore the same being swayed by passion
of mercy. It is the obligation of the court to constantly
remind itself that the right of the victim, and be it said,
on certain occasions the person aggrieved as well as
the society at large can be victims, never be
marginalised. In this context one may recapitulate the
saying of Justice Benjamin N. Cardozo “Justice,
though due to the accused, is due to the accuser too.”
And, therefore, the requisite norm has to be the
established principles laid down in precedents. It is
neither to be guided by a sense of sentimentality nor to
be governed by prejudices.”
5.2.1 It is further observed that the principle of sentencing
recognises the corrective measures but there are
occasions when the deterrence is an imperative necessity
depending upon the facts of the case.
5.2.2 In the aforesaid decision, the High Court reduced the
sentence and shown the mercy while applying the
principle that payment of compensation is a factor for
reduction. To that, this Court has observed that it is
absolutely in the realm of misplaced sympathy. It is, in a
way mockery of justice. It is observed and held as under:-
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“Needless to say, the principle of sentencing recognises
the corrective measures but there are occasions when
the deterrence is an imperative necessity depending
upon the facts of the case. In our opinion, it is a fit
case where we are constrained to say that the High
Court has been swayed away by the passion of mercy
in applying the principle that payment of
compensation is a factor for reduction of sentence to
24 days. It is absolutely in the realm of misplaced
sympathy. It is, in a way mockery of justice. Because
justice is “the crowning glory”, “the sovereign mistress”
and “queen of virtue” as Cicero had said. Such a crime
blights not only the lives of the victims but of many
others around them. It ultimately shatters the faith of
the public in judicial system.”
5.2.3 Showing the concern about increasing the road
accidents, it is observed in the said decision as under: -
“India has a disreputable record of road accidents.
There is a nonchalant attitude among the drivers. They
feel that they are the “Emperors of all they survey.”
Drunkenness contributes to careless driving where the
other people become their prey. The poor feel that their
lives are not safe, the pedestrians think of uncertainty
and the civilised persons drive in constant fear but
still apprehensive about the obnoxious attitude of the
people who project themselves as “larger than life.” In
such obtaining circumstances, the lawmakers should
scrutinise, relook and revisit the sentencing policy in
Section 304-A IPC, so with immense anguish.”
5.3 At this stage, another decision of this Court in the case of
Surendra Singh (supra) which is also on the offences
under Sections 279 and 304A of IPC, is required to be
referred to. In the case before this Court, the learned Trial
Court while convicting the accused for the offence under
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Section 304A sentenced the accused to undergo two years
RI. The High Court while maintaining the conviction,
reduced the sentence awarded by the learned Trial Court
from two years RI to the period already undergone and
granted a further compensation of Rs. 2000/- payable to
the widow/mother of the deceased. While disapproving the
view taken by the High Court and setting aside the order
passed by the High Court reducing the sentence, this
Court has observed in paragraphs 6 to 14 as under: -
“6. In the instant case, after proper appreciation of
evidence the trial court came to the conclusion that
the accused had endangered the life of Vijay by driving
the jeep on a public road in a rash and negligent
manner. The accused dashed the jeep against a pulia
first and then against a babul tree. As a result of such
accident Vijay Singh, who was travelling in the jeep got
injured and died, and another person Mangilal, who
was also in the jeep, received injuries. We are of the
opinion that the trial court has not committed any
illegality in passing the order of conviction and in the
appeal preferred by the accused findings of the trial
court were affirmed. However, without proper
appreciation of the evidence and consideration of
gravity of the offence, the learned Single Judge of the
High Court has shown undue sympathy by modifying
the conviction to the period already undergone.
7. In our considered opinion, the High Court while
passing the impugned order [Surendra Singh v. State of
M.P., Criminal Revision No. 3 of 2008, decided on 22-
8-2012 (MP)] has completely failed to follow the
principles enunciated by this Court in a catena of
decisions. Undue sympathy by means of imposing
inadequate sentence would do more harm to the
justice system to undermine the public confidence in
the efficacy of law and the society cannot endure long
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under serious threats. If the courts do not protect the
injured, the injured would then resort to personal
vengeance. Therefore, the duty of any court is to award
proper sentence having regard to the nature of the
offence and the manner in which it was committed.
(See Sevaka Perumal v. State of T.N. [(1991) 3 SCC 471
: 1991 SCC (Cri) 724 : AIR 1991 SC 1463] )
8. In Dhananjoy Chatterjee v. State of W.B. [(1994) 2
SCC 220 : 1994 SCC (Cri) 358] this Court held as
under: (SCC p. 239, paras 14-15)
“14. In recent years, the rising crime rate—particularly
violent crime against women has made the criminal
sentencing by the courts a subject of concern. Today
there are admitted disparities. Some criminals get very
harsh sentences while many receive grossly different
sentence for an essentially equivalent crime and a
shockingly large number even go unpunished thereby
encouraging the criminal and in the ultimate making
justice suffer by weakening the system's credibility. Of
course, it is not possible to lay down any cut and dry
formula relating to imposition of sentence but the
object of sentencing should be to see that the crime
does not go unpunished and the victim of crime as
also the society has the satisfaction that justice has
been done to it. In imposing sentences, in the absence
of specific legislation, Judges must consider variety of
factors and after considering all those factors and
taking an overall view of the situation, impose
sentence which they consider to be an appropriate
one. Aggravating factors cannot be ignored and
similarly mitigating circumstances have also to be
taken into consideration.
15. In our opinion, the measure of punishment in a
given case must depend upon the atrocity of the crime;
the conduct of the criminal and the defenceless and
unprotected state of the victim. Imposition of
appropriate punishment is the manner in which the
courts respond to the society's cry for justice against
the criminals. Justice demands that courts should
impose punishment befitting to the crime so that the
courts reflect public abhorrence of the crime. The
courts must not only keep in view the rights of the
criminal but also the rights of the victim of crime and
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the society at large while considering imposition of
appropriate punishment.”
9. While considering this aspect, the Supreme Court
in Mahesh v. State of M.P. [(1987) 3 SCC 80 : 1987
SCC (Cri) 379 : (1987) 2 SCR 710] remarked that:
(SCC p. 82, para 6)
“6. … it will be a mockery of justice to permit these
appellants to escape the extreme penalty of law when
faced with such evidence and such cruel acts. To give
the lesser punishment for the appellants would be to
render the justicing system of this country suspect.
The common man will lose faith in courts. In such
cases, he understands and appreciates the language of
deterrence more than the reformative jargon. When we
say this, we do not ignore the need for a reformative
approach in the sentencing process.”
10. In Hazara Singh v. Raj Kumar [(2013) 9 SCC 516 :
(2014) 1 SCC (Cri) 159] this Court has observed that:
(SCC p. 521, para 10)
“10. … it is the duty of the courts to consider all the
relevant factors to impose an appropriate sentence.
The legislature has bestowed upon the judiciary this
enormous discretion in the sentencing policy, which
must be exercised with utmost care and caution. The
punishment awarded should be directly proportionate
to the nature and the magnitude of the offence. The
benchmark of proportionate sentencing can assist the
Judges in arriving at a fair and impartial verdict.”
This Court further observed that: (Hazara Singh
case [(2013) 9 SCC 516 : (2014) 1 SCC (Cri) 159] , SCC
p. 521, para 11)
“11. The cardinal principle of sentencing policy is that
the sentence imposed on an offender should reflect the
crime he has committed and it should be
proportionate to the gravity of the offence. This Court
has repeatedly stressed the central role of
proportionality in sentencing of offenders in numerous
cases.”
11. In Shailesh Jasvantbhai v. State of Gujarat [(2006)
2 SCC 359 : (2006) 1 SCC (Cri) 499] the Apex Court
opined that: (SCC pp. 361-62, paras 7-8)
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“7. The law regulates social interests, arbitrates
conflicting claims and demands. Security of persons
and property of the people is an essential function of
the State. It could be achieved through instrumentality
of criminal law. Undoubtedly, there is a cross-cultural
conflict where living law must find answer to the new
challenges and the courts are required to mould the
sentencing system to meet the challenges. The
contagion of lawlessness would undermine social order
and lay it in ruins. Protection of society and stamping
out criminal proclivity must be the object of law which
must be achieved by imposing appropriate sentence.
Therefore, law as a cornerstone of the edifice of ‘order’
should meet the challenges confronting the society.
Friedman in his Law in Changing Society stated that:
‘State of criminal law continues to be—as it should be
—a decisive reflection of social consciousness of
society.’ Therefore, in operating the sentencing system,
law should adopt the corrective machinery or
deterrence based on factual matrix. By deft
modulation, sentencing process be stern where it
should be, and tempered with mercy where it warrants
to be. The facts and given circumstances in each case,
the nature of the crime, the manner in which it was
planned and committed, the motive for commission of
the crime, the conduct of the accused, the nature of
weapons used and all other attending circumstances
are relevant facts which would enter into the area of
consideration.
8. Therefore, undue sympathy to impose inadequate
sentence would do more harm to the justice system to
undermine the public confidence in the efficacy of law
and society could not long endure under such serious
threats. It is, therefore, the duty of every court to
award proper sentence having regard to the nature of
the offence and the manner in which it was executed
or committed, etc.”
12. A three-Judge Bench of this Court in Ahmed
Hussein Vali Mohammed Saiyed v. State of
Gujarat [(2009) 7 SCC 254 : (2009) 3 SCC (Cri) 368]
observed as follows: (SCC p. 281, paras 99-100)
“99. … The object of awarding appropriate sentence
should be to protect the society and to deter the criminal
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from achieving the avowed object to (sic break the) law
by imposing appropriate sentence. It is expected that
the courts would operate the sentencing system so as to
impose such sentence which reflects the conscience of
the society and the sentencing process has to be stern
where it should be. Any liberal attitude by imposing
meagre sentences or taking too sympathetic view
merely on account of lapse of time in respect of such
offences will be resultwise counterproductive in the long
run and against the interest of society which needs to
be cared for and strengthened by string of deterrence
inbuilt in the sentencing system.
100. Justice demands that courts should impose
punishment befitting the crime so that the courts reflect
public abhorrence of the crime. The court must not only
keep in view the rights of the victim of the crime but the
society at large while considering the imposition of
appropriate punishment. The court will be failing in its
duty if appropriate punishment is not awarded for a
crime which has been committed not only against the
individual victim but also against the society to which
both the criminal and the victim belong.”
13. We again reiterate in this case that undue
sympathy to impose inadequate sentence would do
more harm to the justice system to undermine the
public confidence in the efficacy of law. It is the duty of
every court to award proper sentence having regard to
the nature of the offence and the manner in which it
was executed or committed. The sentencing 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 offence. The court must not only
keep in view the rights of the victim of the crime but
also the society at large while considering the
imposition of appropriate punishment. Meagre
sentence imposed solely on account of lapse of time
without considering the degree of the offence will be
counterproductive in the long run and against the
interest of the society.
14. In a recent decision in State of
M.P. v. Bablu [(2014) 9 SCC 281 : (2014) 6 SCC (Cri) 1]
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, after considering and following the earlier decisions,
this Court reiterated the settled proposition of law that
one of the prime objectives of criminal law is the
imposition of adequate, just, proportionate
punishment which is commensurate with the gravity,
nature of crime and the manner in which the offence is
committed. One should keep in mind the social
interest and conscience of the society while
considering the determinative factor of sentence with
gravity of crime. The punishment should not be so
lenient that it shocks the conscience of the society. It
is, therefore, the solemn duty of the court to strike a
proper balance while awarding the sentence as
awarding lesser sentence encourages any criminal
and, as a result of the same, the society suffers.
5.4 Applying the law laid down by this Court in the case of
Surendra Singh (supra) to the facts of the case on hand,
the impugned judgment and order passed by the High
Court interfering with the sentence imposed by the learned
Trial Court confirmed by the First Appellate Court by
showing undue sympathy to the accused is unsustainable
and the same deserves to be quashed and set aside.
6. In view of the above and for the reasons stated above, the
present appeal succeeds. The impugned judgment and
order passed by the High Court reducing the sentence
while maintaining the conviction for the offence under
Section 304A of IPC from two years RI to eight months SI
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is hereby quashed and set aside. The sentence imposed by
the learned Trial Court confirmed by the First Appellate
Court (learned Sessions Court) is hereby restored. Now the
accused be taken into custody to undergo the remaining
sentence. The accused is granted four weeks’ time to
surrender. Present appeal is accordingly, allowed.
………………………………….J.
[M.R. SHAH]
NEW DELHI; ………………………………….J.
MARCH 28, 2023 [C.T. RAVIKUMAR]
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