State Of Karnataka vs Muralidhar

2. Background facts in a nutshell are as follows:

The primary stand before the High Court was that the offences were such that the accused should not be required to undergo imprisonment. Accordingly, taking note of Section 71 IPC, High Court held that for the offence under Section 338 IPC the accused was to pay a fine of Rs.1,000/- with default stipulation and for the offence under Section 304-A the accused was to pay a fine of Rs.5,000/- with default stipulation and out of the total 2 amount of Rs.6,000/- a sum of Rs.5,000/- was to be paid to the father of the deceased boy.

5. In the instant case, 16 years old boy lost his life because of the rash and negligent acts of the respondent.

13. Almost 1.2 million people are killed each year and 20-50 million are injured or disabled, most people are unaware that road traffic injuries are a leading cause of death and disability.

7 The Latin America/Caribbean region has the second highest crash costs behind Asia.

16. The human toll in such accidents is tragic. Survivors and family members are affected not only by an immediate death or disability, but also lifetime psychological and physical suffering. Crashes often result in orphans, and some victims, as young as infants, spend the rest of their lives with medical facilities.

ECONOMIC IMPACT

12 THIS PROBLEM IS PREVENTABLE

19. Proven interventions for developed countries require research, modification, and testing for developing countries. For example, developing countries face poorly designed and maintained roadways, unsafe vehicles, drivers under the influence of drugs or alcohol, lack of national policies, and inadequate enforcement. Success will require significant new resources supported by sustained political commitment.

24. Imposition of sentence without considering its effect on the social order in many cases may be in reality a futile exercise. The social impact of the crime, e.g. where it relates to offences against women, dacoity, kidnapping, misappropriation of public money, treason and other offences involving moral turpitude or moral delinquency which have great impact on social order, and public interest, cannot be lost sight of and per se require exemplary treatment. Any liberal attitude by imposing meager sentences or taking too sympathetic view merely on account of lapse of time in respect of 15 such offences will be result-wise counter productive in the long run and against societal interest which needs to be cared for and strengthened by string of deterrence inbuilt in the sentencing system.

25. 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 the criminal and victim belong. The punishment to be awarded for a crime must not be irrelevant but it should conform to and be consistent with the atrocity and brutality with which the crime has been perpetrated, the enormity of the crime warranting public abhorrence and it should "respond to the society's cry for justice against the criminal".

26. This is a case where the High Court has without considering the relevant aspects and even without indicating any reason, waived the custodial sentence and imposed only fine. The judgment therefore is clearly unsustainable. The impugned judgment of the High Court is set aside and that of the trial Court is restored.

27. The appeal is allowed.