Patta Without SDM’s Prior Approval Is Void Ab Initio And Cannot Be Cancelled – It Never Legally Existed: Allahabad High Court Natural Guardian Means Legal Guardian: Custody Cannot Be Denied to Father Without Strong Reason: Orissa High Court Slams Family Court for Technical Rejection Affidavit Is Not a Caste Certificate: Madhya Pradesh High Court Sets Aside Zila Panchayat Member's Election for Failing Eligibility Under OBC Quota Confession Recorded By DCP Is Legally Valid Under KCOCA – Bengaluru DCP Holds Rank Equivalent To SP: Karnataka High Court Difference of Opinion Cannot End in Death: Jharkhand High Court Commutes Death Sentence in Maoist Ambush Killing SP Pakur and Five Policemen Mere Presence Of Beneficiary During Execution Does Not Cast Suspicion On Will: Delhi High Court Contempt | Power to Punish Carries Within It the Power to Forgive: Supreme Court Sets Aside Jail Term for Director Who Criticised Judges Over Stray Dog Orders Seizure and Attachment Are Not Twins: Supreme Court Holds Police Can Freeze Bank Accounts in PC Act Cases Using CrPC Section 102 IBC | Pre-Existing Dispute Must Be Real, Not Moonshine: Supreme Court Restores Insolvency Proceedings, Says Admission Cannot Be Rejected Based on Spurious Defence Summons Under FEMA Are Civil in Nature – Section 160 CrPC Has No Role to Play: Delhi High Court Denies Exemption to Woman Petitioner from Personal Appearance Before ED Clear Admission in Ledger Is Sufficient for Summary Judgment: Delhi High Court Decrees ₹16.77 Cr in Favour of MSME Supplier Mere Allegation Under SC/ST Act Doesn’t Bar Bail When No Public Abuse Is Made Out: Karnataka High Court Grants Anticipatory Bail in Caste Atrocity Case Consent Of Girl Aged Above 16 Is Legally Valid Under Pre-2013 Law: Karnataka High Court Sets Aside Rape Conviction Insurer Entitled to Recover Compensation from Owner When Driver Has No Licence or Fake Licence: Punjab & Haryana High Court Applies ‘Pay and Recover’ Doctrine Courts Cannot Rewrite Contracts Where Parties Have Failed to Clearly Define Property Terms: Punjab & Haryana High Court Dismisses Appeal in Specific Performance Suit Even Illegal Appointments Cannot Be Cancelled Without Hearing: Patna High Court Quashes Mass Termination Of Absorbed University Staff

Whoever Causes The Death By Negligence, Not Amounting To Culpable Homicide, Shall Be Punished – Calcutta High Court Confirms Conviction, Modifies Sentence

07 May 2024 8:19 AM

By: Admin


The High Court of Calcutta today reaffirmed the legal tenets surrounding negligence under the Indian Penal Code as it upheld the conviction of Golap Sk. For causing death by negligence but altered the terms of his sentence.

Initially convicted by the Fast Track 1st Court in Lalbagh, Murshidabad, Golap Sk. Faced charges under Section 304A IPC after his motorcycle struck and killed Karim Sk. In March 2012. The lower court sentenced him to one year of simple imprisonment and imposed a fine of Rs. 5,000. The High Court, however, modified this sentence by removing the imprisonment and increasing the fine to Rs. 10,000, aimed to be paid as compensation to the deceased’s family.

This case originated from an incident where Golap Sk., riding his motorcycle at a high speed, fatally collided with the victim. The prosecution successfully argued their case with evidence from the victim’s wife and son, alongside eyewitness accounts. The primary legal challenge revolved around the interpretation of “negligence” under Section 304A and the appropriate sentencing for such a conviction.

Justice Shampa Dutt (Paul) analyzed the legislative intent behind Section 304A, emphasizing the necessity of establishing that the act was rash and negligent and led directly to death. The judge remarked:

“To bring a cause of homicide under sec. 304A IPC, the death, the act causing such death, and the negligent nature of the act must be clearly established.”

On sentencing, the Court found it within its powers to enhance the sentence while prioritizing compensatory justice over punitive measures.

The judgment also referenced decisions like State of Punjab v. Balwinder Singh and Shankar Kerba Jadhav & Ors. Vs. State of Maharashtra, which guide the appellate powers in modifying sentences.

Conclusion: While the appeal was partially allowed, the decision to uphold the conviction underlines the court’s stance on negligence leading to death. The modification of the sentence to a fine underscores a shift towards financial compensation for the victim’s family over incarceration.

Date of Decision: May 3, 2024

Golap Sk. Vs. The State of West Bengal

Latest Legal News