The jail term of a man — convicted for negligent driving causing death — has been reduced to three months by a city court, citing that the sentence of two years awarded by the magisterial court was “harsh and did not serve the purpose”. Additional Sessions Judge Sanjeev Jain modified the jail term of Babloo Singh, while upholding his conviction for rashly driving his truck and negligently causing death of one Balkishan.
“In my view, sentence awarded by the trial court is harsh and does not serve the purpose,” the ASJ said, adding, “no reasoning had been given by the trial court to justify the maximum sentence of two years under Section 304 A (causing death by negligence) of IPC”. The court, while accepting the submissions of Singh’s counsel that he was poor and a first-time offender, took a lenient view towards him and set aside the magistrate’s order.
“Keeping in view the incriminating and mitigating circumstances, Babloo Singh deserves some leniency. It is true that road accidents are generally the results of rash and negligent driving by someone and the results are dangerous in the form of deaths or serious injuries. Generally, nobody wants to involve himself in such offences but still they are being committed due to rashness and negligence,” the ASJ said. The court was hearing an appeal filed by Singh, a resident of UP, challenging the April 21, 2014 order of sentencing him to two years jail for the offences of rash driving and causing death by negligence of IPC. The accident took place late night on August 7, 2011 when Singh’s rashly driven truck had hit Balkishan’s car which was parked on the roadside in Safdarjung Enclave. Due to the impact, Balkishan, who was sitting inside the car, died.