Chennai:
Taking a serious note of accident deaths due to drunken driving, the Madras High Court today directed the investigating agencies and magistrate courts in Tamil Nadu to treat such cases as culpable homicide not amounting to murder under IPC 304 (ii).
Observing that accident cases as a result of drunken driving were being treated as 'negligence' and dealt with leniently, it said trial courts while dealing with such cases should keep in mind that the punishment imposed would have to be detriment not only to the accused but others likely to commit such an offence.
Justice M M Sundresh said he was constrained to direct the investigating agencies and magistrate courts in Tamil Nadu to register cases under 304(ii) if it were found that death was caused by drunken driving.
Granting conditional bail to M Ramesh, who while driving his car here on January 26 allegedly under the influence of liquor crossed the 'yellow' line and hit two motorcycles and an autorickshaw went on to kill one person and cause injuries to others, the judge said, "It is imperative for us to remind ourselves about the object behind criminal jurisprudence."
The judge appreciated police for altering the case to IPC sections304(ii) (culpable homicide not amounting to murder), section 411 (imprisonment for 3 years, or fine, or bothcognisablenon-bailable),337 (imprisonment for six months or fine up to Rs 500 or both)(fourcounts) and 184 ofthe Motor Vehicles Act pursuant to the government hospital finding that indicated the 'drunkenness' of the petitioner.
Police had first registered the case under IPC sections 304 (A) (causing death by any rash and negligible act not amounting to culpable homicide), section 337 and 184 of the Motor Vehicles Act.
The judge said 'by mechanically imposing fine very purpose and the object of the enactment would be lost.
Observing that accident cases as a result of drunken driving were being treated as 'negligence' and dealt with leniently, it said trial courts while dealing with such cases should keep in mind that the punishment imposed would have to be detriment not only to the accused but others likely to commit such an offence.
Justice M M Sundresh said he was constrained to direct the investigating agencies and magistrate courts in Tamil Nadu to register cases under 304(ii) if it were found that death was caused by drunken driving.
Granting conditional bail to M Ramesh, who while driving his car here on January 26 allegedly under the influence of liquor crossed the 'yellow' line and hit two motorcycles and an autorickshaw went on to kill one person and cause injuries to others, the judge said, "It is imperative for us to remind ourselves about the object behind criminal jurisprudence."
The judge appreciated police for altering the case to IPC sections304(ii) (culpable homicide not amounting to murder), section 411 (imprisonment for 3 years, or fine, or bothcognisablenon-bailable),337 (imprisonment for six months or fine up to Rs 500 or both)(fourcounts) and 184 ofthe Motor Vehicles Act pursuant to the government hospital finding that indicated the 'drunkenness' of the petitioner.
Police had first registered the case under IPC sections 304 (A) (causing death by any rash and negligible act not amounting to culpable homicide), section 337 and 184 of the Motor Vehicles Act.
The judge said 'by mechanically imposing fine very purpose and the object of the enactment would be lost.
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