Person Driving Without License Has Knowledge That Act Likely To Cause Death: Kerala HC Refuses To Modify Conviction From S.304 To 304A IPC

Case: Martin @ Jinu Sebastian and Anr. V. State of Kerala

Coram: Justice A Badharudeen

Case No.: CRL.A NO. 1557 OF 2007

Court Observation: The law is clear on the point that when there is knowledge to the accused that the act he had done is likely to cause death of a person and with the said knowledge he had done the act and in consequence thereof the person died, it will be definitely a case falling under Section 304 Part II of I.P.C.

In a case where negligence or rashness is the cause of death and nothing more, Section 304-A may be attracted but where the rash or negligent act is preceded with the knowledge that such act is likely to cause death, Section 304 Part II I.P.C may be attracted and if such a rash and negligent act is preceded by real intention on the part of the wrongdoer to cause death, offence may be punishable under Section 302 of I.P.C.

When intent or knowledge is the direct motivating force of the act, Section 304A of I.P.C has to make room for the graver and more serious charge of culpable homicide.

The twin objective of the sentencing policy is deterrence and correction. What sentence would meet the ends of justice in a particular case depends on the facts and circumstances of each case and the court must keep in mind the gravity of the crime, motive for the crime, nature of the offence and all other attendant circumstances, while imposing sentence. When automobiles have become death traps any leniency shown to drivers who are found guilty of rash driving would be at the risk of steering of automobiles, particularly professional drivers, must be kept under constant reminders of their duty to adopt utmost care and also of the consequences befalling them in cases of dereliction. One of the most effective ways of keeping such drivers under mental vigil is to maintain a deterrent element in the sentencing sphere. Any latitude shown to them in that sphere would tempt them to make driving frivolous and a frolic.

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Keywords

Person Driving Without License, Person Driving Without License negligent act