CHENNAI: The Madras High Court has saved a van driver from jail term, who was responsible for the death of three people in a fatal accident that took place while rushing a person to a hospital 12 years ago, by taking into account the circumstances and the ordeal he was undergoing.
Justice D Bharatha Chakravarthy, in a recent order, modified the one-year jail term awarded to S Shahul Hameed, of Kerala, by the judicial magistrate court in Pollachi on October 26, 2020, in the 2013 accident case, to four days, the period he had already served.
“With reference to the offence under section 304(A) (causing death not amounting to culpable homicide), the sentence is modified as imprisonment for the period already undergone and the petitioner is to pay a fine of Rs 20,000 for each of the three counts; in default, to undergo simple imprisonment for 15 days each for the three counts consecutively,” the judge said in the order.
He directed payment of Rs 18,000 from the fine amount as compensation to the families or next of kin of each of the three victims who died in the mishap.
“The circumstance, that the accused was trying to save a life of the traveller who attempted to commit suicide and was rushing him to the hospital is taken into account,” the judge said. Further, he noted the fact that subsequent to the accident, Hameed was not involved in any similar offence and the ordeal he was undergoing were taken into account for modifying the sentences.
The judge, however, upheld the fine of Rs 700 under section 279 (negligent driving) and Rs 800 under section 338 (causing grievous hurt) of IPC slapped on him by the judicial magistrate court. The matter pertains to the appeal filed by Hameed against the judgment of the judicial magistrate court in Pollachi. On December 6, 2013, he was rushing a man, Venkatesh, in his omni van to a specialty hospital in Coimbatore after the latter attempted to kill self by suicide. At Marachanaikanpalayam, while overtaking, he hit a two-wheeler and mowed down three pedestrians.