Karnataka HC spares septuagenarian from year-long jail term in accident death case due to health status

In a rare instance, the High Court of Karnataka spared a septuagenarian from serving a one-year jail term for causing a person’s death by rash driving during a test drive in Mysuru 14 years ago, converting the sentence to a day’s punishment till the rise of the court after taking note of his failing health.

However, the High Court confirmed the findings of the trial and the appellate courts in Mysuru that the petitioner was guilty of the offences alleged against him.

Justice V. Srishananda passed the order while disposing of a petition filed by 78-year-old Syed Saifudden, a resident of Bannimantap, Mysuru, challenging his conviction for offences under Sections 279, 337, 338, and 304-A of the Indian Penal Code.

As the petitioner voluntarily offered to pay an additional compensation of ₹5 lakh, over and above the amount awarded by the Motor Accident Claims Tribunal to the legal heirs of the deceased, the High Court directed him to pay the sum by May 15, failing which he would have to undergo the one-year sentence imposed by the trial court in Mysuru.

Noting that the petitioner had been brought to court in a wheelchair by his son and was unable to move around without assistance for his day-to-day activities, the High Court said no useful purpose would be served in sending him to prison at his age and given his health condition.

The incident occurred on July 28, 2012, when Saifudden requested a test drive of a car from a local dealership. Two dealership employees brought the car to his residence. During the drive on the KRS Ring Road near Unnathi Nagar, Saifudden allegedly ignored repeated warnings from the two to slow down and accelerated to nearly 150 kmph, claiming he had 40 years of driving experience.

The speeding car hit a motorcycle. The pillion rider, Lakshmi, succumbed to injuries a few days later, while the rider survived with grievous injuries.

Saifudden’s primary defence was one of mistaken identity, claiming that he was not driving the car. However, the trial court relied on consistent testimonies of the two dealership employees, who were seated in the rear, as well as an independent eyewitness who held that Saifudden was driving. The court sentenced him to one year’s imprisonment and imposed a fine of ₹5,000. His appeal was dismissed by the appellate sessions court in Mysuru, following which he approached the High Court.