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Head Note

Indian Penal Code,1860  - Section 304-A , Section 279

Fatal motor accident due to rash and negligent driving - Accused convicted under Section 279 and 304A - Sentence under Section 279 Indian Penal Code set aside but not the conviction - Section 304-A cannot be set aside because sentence under Section 279 (Rash driving) was set aside - Accused driving a tractor rashly and negligently and causing death of one person and injuring others - Accused convicted and sentenced to 6 months S.I. under Section 304-A and also simple imprisonment for specific period in respect of offences under Sections 279, 337 and 338 Indian Penal Code - Appellate Court upheld the conviction in respect of all the offences, but set aside conviction sentence under Section 279 Indian Penal Code the ground that a separate sentence under Section 279 of the Indian Penal Code is not necessary - A question was raised that when accused had been acquitted of the offence punishable under Section 279 of the Indian Penal Code, 1860 he could not have been punished in respect of the rest of the offences - Contention not tenable - It is only the sentence which was set aside, but not the conviction - A conviction is the proof of the offence committed by an accused - There is distinction between a conviction and a sentence. 1995(2) SCC 513, relied.

Indian Penal Code,1860  - Section 304-A

Reduction in sentence - Sought on the ground that accused was 22 years of age at time of incident and married thereafter - Request rejected - Held - Though occurrence 6 years old but scars on the collective cannot be said to have been forgotten - Weighing the individual difficulty as against the social order, collective conscience and the duty of the Court, substantive sentence does not warrant any interference.

Topic(s)-Fatal Motor Accident Due to Rash and Negligent Driving

Important Decision(s)- Set aside conviction sentence under Section 279 IPC the ground that a separate sentence under Section 279 of the IPC is not necessary.