SARAVANAN @ SARAVANAKUMAR v. THE STATE REPRESENTED BY INSPECTOR OF POLICE

THE SUPREME COURT OF INDIA

CRIMINAL APPEAL NO. OF 2024 (Arising out of SLP (Crl.) No.10407 of 2024)

THE STATE REPRESENTED BY INSPECTOR OF POLICE & ANR. … RESPONDENTS

1. Leave granted.

2. Arising out of the judgment of conviction and sentence against

the appellant for the charge under Sections 279 and 304A of the

Indian Penal Code, 1860 (IPC), confirmed by the Appellate Court and

the High Court in revision, the present appeal has been filed.

3. The facts of the case are, that on 28.08.2014 at around 7.30

p.m., the appellant was driving a Bolero pick-up van at high speed

which, collided with a vehicle being TATA Ace and further collided with

a bike hitting the deceased, namely, Marayee, who died in the said

accident. After completion of the investigation, charge-sheet was filed

against the appellant and charges were framed under Section 279 and

304A of the IPC. In the trial Court, he was convicted and sentenced

which was confirmed up to the High Court in revision.

4. Learned counsel for the appellant would submit that as per

language of Section 304A of IPC, on conviction the sentence is not

mandatory and the accused may be sentenced by fine or by both. It is

urged, the appellant is ready and willing to pay enhanced amount of

fine which may be paid to victim towards compensation applying the

theory of the victimology...