HC cites driver's intent to save stranger, reduces his sentence

Chennai: Madras HC recently reduced a one-year sentence to four days for a Kerala man convicted in a 2013 car crash that killed three pedestrians and grievously injured two bikers - ruling he was rushing a stranger who had attempted suicide to a hospital.

Justice D Bharatha Chakravarthy said driver S Sagul Hameed was not acting recklessly for personal reasons but was attempting to save a life. "This circumstance must be taken into account while determining his culpability," HC said, invoking the legal principle of res ipsa loquitur - the thing speaks for itself.

Prosecution said the accident took place on Dec 6, 2013, near Marchinaickenpalayam in Coimbatore when Hameed allegedly drove at high speed while taking Venkatesh from Kerala toward a hospital in Coimbatore. His Omni van hit a two-wheeler, dragged it to the roadside and mowed down three pedestrians.

A magistrate sentenced him to a year on Oct 22, 2020. The IV additional district and sessions court in Coimbatore upheld it on Nov 26, 2021. Hameed then appealed.

Justice Chakravarthy said courts must weigh humanitarian intent in such rare cases. "The court is of the view that the sentence with reference to the offences punishable under Section 304 (A) (3 counts) of IPC can be modified as imprisonment for the period already undergone and payment of a fine of Rs 20,000 for each count and in default to undergo simple imprisonment for another 15 days for each count," HC said.

The HC ordered Rs 18,000 from each fine to be paid to the families of the deceased.