Accident that caused 44 deaths: Kerala HC enhances jail term of driver to five years

Kochi: High court has enhanced the sentence to five years from the two-year term imposed by a trial court on a private bus driver for causing an accident that resulted in the death of 44 passengers at Pookiparambu in Tirurangadi, Malappuram, in 2001. The driver who found guilty of rash and negligent driving.A bench of Justice A Badharudeen modified the sentence imposed on Sudheer Kumar of Ramanattukara in Thrissur by allowing the appeal filed by the state govt seeking enhancement of his punishment.

According to prosecution, Kumar, who was driving a stage carriage bus along the Guruvayur-Thalassery Road carrying pilgrims to the Guruvayur Temple, rammed the vehicle into the rear of an ambassador car at Malappuram, causing the bus to overturn.

The accident on March 11, 2001, left 44 people dead and several others seriously injured.During trial, the assistant sessions court, Tirur, found the accused guilty of offences punishable under Sections 279 (rash driving), 337 (rash or negligent acts endangering personal safety), 338 (causing grievous hurt by an act endangering life or personal safety) and 304A (causing death by negligence) of the IPC. However, he was acquitted of the offence under Section 304(ii) (culpable homicide not amounting to murder with knowledge that the act is likely to cause death) of the IPC.

The trial court sentenced him to two years’ imprisonment under Section 304A of the IPC. Challenging the judgment, both the state govt and Kumar filed appeals before HC.Considering the appeals, HC observed that the accused had sufficient knowledge of the likely consequences of his actions, namely the risk of fatality to passengers and pedestrians. In such circumstances, the finding of the assistant sessions court that only an offence under Section 304A of IPC was attracted could not be sustained, as the evidence established the commission of an offence punishable under Section 304(ii) of IPC.Accordingly, HC altered the conviction from Section 304A to Section 304(ii) of IPC and enhanced the sentence to five years’ imprisonment along with a fine of Rs 2 lakh. HC also upheld the convictions and sentences imposed under Sections 279, 337 and 338 of IPC.