The Supreme Court has modified the sentence of an appellant convicted under Sections 279 and 304A of the Indian Penal Code, 1860 (IPC), converting the term of imprisonment to “till the rising of the Court” while significantly enhancing the fine payable to the victim’s family.
The Bench, comprising Justice Ahsanuddin Amanullah and Justice K. Vinod Chandran, partly allowed the appeal in the case of Ashraf v. The State of Karnataka (2025 INSC 1394), affirming the conviction but altering the quantum of punishment based on the “total facts and circumstances of the case.”
Background of the Case
The case arose from a fatal road accident where the appellant was convicted by the 3rd Additional Civil Judge & Judicial Magistrate, First Class, Channarayapatna. The Trial Court convicted the appellant under Sections 279 (Rash driving) and 304A (Causing death by negligence) of the IPC, imposing a sentence of simple imprisonment for two months and eight months, respectively, along with fines.
The conviction and sentence were subsequently confirmed by the 4th Additional District and Sessions Judge, Hassan District. Upon revision, the High Court of Karnataka modified the sentence; it enhanced the fine under Section 304A IPC from Rs. 5,000 to Rs. 30,000 but reduced the simple imprisonment term from eight months to four months. The sentence under Section 279 was modified to a fine of Rs. 1,000 only.
When the matter reached the Supreme Court, the appellant faced a sentence of four months of simple imprisonment and a total fine of Rs. 31,000.
Arguments and Evidence
The counsel for the appellant contended that the High Court had convicted the appellant “without due cause” despite having found contributory negligence. Specific reference was made to paragraph 29 of the impugned High Court judgment.
The factual matrix revealed that PW-1 (the father of the deceased) and the deceased were changing a punctured tyre of their vehicle when the incident occurred. PW-1 deposed that a lorry driven by the appellant, coming in the same direction, dashed against their car, killing his son instantaneously.
Regarding safety precautions taken during the tyre change, PW-1 testified that indicators were on and stones and tree branches were placed to caution oncoming traffic. However, the Supreme Court noted that while a photograph (Annexure P-4) showed parking lights were on, “there were no stones or branches of a tree on the back side of the vehicle.”
Court’s Analysis and Observations
The Supreme Court examined the claim regarding contributory negligence. Contrasting with the argument raised by the appellant’s counsel regarding the High Court’s findings, the Supreme Court observed:
“Though we cannot find any contributory negligence, we are of the opinion, in the total facts and circumstances of the case, the punishment can be converted to one of imprisonment till the rising of the Court with a total fine of Rs.1,31,000/- (Rupees One Lakh Thirty One Thousand).”
Decision and Directions
The Apex Court affirmed the conviction but modified the sentence. The Court issued the following specific directions:
- Modified Sentence: The punishment is converted to imprisonment till the rising of the Court and a total fine of Rs. 1,31,000.
- Surrender and Deposit: The appellant must appear before the Junior Magistrate, First Class, Channarayapatna, between January 15, 2026, and January 30, 2026, to deposit the fine and undergo the sentence of imprisonment till the rising of the court.
- Compensation to Victim: The Magistrate has been directed to trace PW-1 or any legal heir of the deceased through the District Legal Services Authority (DLSA) and hand over the fine amount to them.
- Consequences of Default: The Court clarified that if the appellant fails to comply, “the sentence as imposed by the High Court shall be restored and the appellant shall be taken into custody.”
The Court further clarified that this fine amount shall not be deducted from any compensation granted by the Motor Accident Claims Tribunal (MACT) regarding the loss of dependency.
The Judicial Magistrate has been directed to file a compliance report within four months. The matter is listed for compliance on March 25, 2026.
Case Details:
- Case Title: Ashraf v. The State of Karnataka
- Citation: 2025 INSC 1394
- Court: Supreme Court of India
- Coram: Justice Ahsanuddin Amanullah and Justice K. Vinod Chandran
