Drinking liquor kills. The Madras high court expanded the meaning of the statutory warning Thursday when it told police to book drunken drivers causing fatal accidents under IPC section 304 (ii) entailing 10 years in prison.
Justice M.M. Sundresh told investigating agencies the section would apply if it was found an accused of causing an accident resulting in a death was driving at the relevant point in a drunken state.
The judge slammed magistrates showing leniency in drunken driving cases and told them to ascertain facts and circumstances of each case before deciding punishment, not mechanically impose fine alone.
Judges must keep in mind the object and fundamental principle underlying criminal jurisprudence, provisions of Motor Vehicles Act and the ratio laid down by the Supreme Court, he said.
“While dealing with such a case, courts will have to understand that a punishment imposed will have to be a detriment not only to the accused but also to others who are likely to commit such an offence.
That is the reason a crime is considered one against society even though it is actually committed against an individual. The only way to reduce accidents due to drunken driving is to stop such driving.
People must be made known to drive with care as life has no spare. By mechanically imposing fine the very purpose and object of the enactment would be lost.”
The judge was deciding a bail application by M. Ramesh in which the question was raised whether the accused would attract section 304 (ii).
Mr Ramesh, driving a car in a drunken state, hit a motorcycle, an auto-rickshaw and another motorcycle on January 26, 2012, due to which one person died.
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