TaxTMI 
TaxTMI 
2012 (8) TMI 1186
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.... to the nature of offence. Facts shorn of unnecessary details as unfolded by prosecution are mentioned herein below: 5. On the intervening night of 9/10.01.1999, an unfortunate motor accident took place involving BMW Car No. M-312 LYP. At the relevant point of time, it is no more in dispute that offending vehicle BMW was being driven by Respondent. As per prosecution story, the said vehicle was coming from Nizamuddin side and was proceeding towards Lodhi Road. Just at the corner from where Lodhi Road starts, seven persons were standing on the road at about 4.00 a.m. In the said car, Manik Kapur and Sidharth Gupta (since discharged) were also sitting. 6. As per prosecution story, Manoj Malik (P.W. 2) had started from his house to leave friends Nasir, Mehendi Hasan and his friend Gulab at Nizamudin Railway Station on foot. When they reached the petrol pump of Lodhi Road, three police officials of checking squad, Constables Rajan, Ram Raj and Peru Lal, stopped them and started checking. In the meantime, BMW car driven rashly and negligently came from Nizamuddin side at a high speed and dashed violently against them. The impact was so great and severe, that they flew in the ai....
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....bumper and rear view mirror were found scattered between 100 to 150 feet. Head of one person was found crushed. There were skid marks of the tyres of the vehicle on the spot for a long distance. The body of another constable namely, Ram Raj was found crushed and his right leg was found at a distance of 10 to 15 feet away. Abdomen of Constable Rajan Kumar was completely ripped open and blood was oozing out on the road. All the three dead bodies were sent to All India Institute of Medical Sciences (AIIMS) by ambulance. 11. Thus, it was clear to SI Kailash Chand that offending vehicle was a black colour BMW car having the aforesaid number plate. Looking to the nature of crime said to have been committed, he recommended registration of FIR under Section 338/304 Indian Penal Code. The said Rukka was dispatched to the Police Station, where formal FIR was registered. 12. S.I. Jagdish Pandey (P.W. 13) also reached the spot. He found a trail of oil on the road starting from the scene of offence. He, thus followed the trail and was able to reach 50 Golf Links. The gate of the house was closed. Jagdish P.W. 13 peeped through the side hinges of the gate, and found accused Rajeev Gupta, B....
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....o how the accident took place is worthy of credence and the same is well corroborated by the scene of crime. 17. On conclusion of trial, after appreciating the evidence available on record, the trial court found Respondent guilty of commission of offence under Section 304 Part II of the Indian Penal Code and awarded him a jail sentence of five years. He was acquitted of other charges. However, accused Rajeev Gupta, Shyam Singh and Bhola Nath were convicted under Section 201 Indian Penal Code. Rajeev Gupta was sentenced to undergo a sentence of one year and Bhola Nath and Shyam Singh to undergo a sentence of six months each. 18. Feeling aggrieved by the said judgment and order of conviction, Respondent filed Criminal Appeal No. 807 of 2008 in the High Court of Delhi at New Delhi. Co-accused, Rajeev Gupta, Bhola Nath and Shyam filed Criminal Appeals No. 767 of 2008 and 871 of 2008 respectively against their conviction and sentences awarded to them under Section 201 of the Indian Penal Code. 19. The learned Single Judge considered the matter at great length and thereafter found the accused Sanjeev Nanda guilty of commission of offence under Section 304 A of the Indian Penal C....
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....o, and (P.W. 16) Dr. Madhulika, he was in an intoxicated condition, at the time of accident. c) He was driving a powerful machine like BMW in excessive speed in a rash and negligent manner and certainly beyond reasonable control over it. d) His negligence coupled with intoxication would lead to culpable homicide with knowledge. e) He knew that persons have been crushed and some of them were underneath his car, yet he continued to drive the vehicle till all the injured were disentangled from the vehicle. f) He fled away from the scene of crime, did not render any help to the injured. Not only this, he did not report the matter to the police and tried to obliterate the evidence available. g) Even if intention may not be attributed to him but at least he had knowledge of what he had done, thus ingredients mandated under Section 304 Part II Indian Penal Code were fully met. h) Thus, High Court committed grave error in interfering with a well reasoned order of the Trial Court. Respondent should thus be held guilty of commission of offence under Section 304 Part II Indian Penal Code and sentence be ....
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....most 13 years back. b) Respondent was aged 21 years at that time, and was prosecuting his course in foreign country. He had come to India on a short holiday. c) He has already undergone the sentence of two years awarded by High Court and only thereafter, after the period of limitation of filing the appeal had expired, he got married to his long time love, now they are blessed with a daughter. d) His behaviour and conduct in jail was extremely good, which is evident from the two affidavits filed in support of the Respondent by two NGOs. e) Fact cannot be given a go-by that it was a cold wintry night of 9/10th January, 1999, thus possibility cannot be ruled out that visibility must have been poor due to fog. f) He had neither any previous criminal record nor has been involved in any criminal activity ever since then. The case of Alister Anthony (supra) does not apply to the facts of this case. g) It was contended that Respondent has already learnt sufficient lesson at young age and no useful purpose would be served, if he is sent to jail again. h) The victim and/or families of dec....
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....ge when liquor would show its effect or would be at its peak. It varies from person to person. 28. As mentioned hereinabove, prosecution failed to use either the Breath Analyser or Alco Meter to record a definite finding in this regard. Evidence of (P.W. 10) Dr. Milo and (P.W. 16) Dr. Madhulika shows that certain amount of alcoholic contents was still found on examination of his blood at 12.00 noon, next day. 29. It is a settled principle of law that if something is required to be done in a particular manner, then that has to be done only in that way or not, at all. In AIR 1936 PC 253 (2) Nazir Ahmad v. King Emperor, it has been held as follows: .... The rule which applies is a different and not less well recognized rule, namely, that where a power is given to do a certain thing in a certain way the thing must be done in that way or not at all.... 30. It has also come on record that seven persons were standing close to the middle of the road. One would not expect such a group, at least, at that place of the road, that too in the wee hours of the morning, on such a wintry night. There is every possibility of the accused failing to see them on the road. Lookin....
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....pable homicide under Section 299 Indian Penal Code or murder under Section 300 Indian Penal Code. If a person willfully drives a motor vehicle into the midst of a crowd and thereby causes death to some persons, it will not be a case of mere rash and negligent driving and the act will amount to culpable homicide. Each case will, therefore, depend upon the particular facts established against the accused. 5. The prosecution in this case wanted to establish a motive for committing the offence against the sarpanch. It was sought to be established that there was enmity between the sarpanch and the accused and his relations on account of panchayat elections. Some evidence was led in order to prove that the accused and his relations were gunning against the sarpanch for some time after the latter's election as sarpanch. Even an anonymous letter was received by the sarpanch threatening his life which was handed over to the police by the sarpanch. Both the Sessions Judge as well as the High Court did not accept the evidence appertaining to motive. Mr. Mukherjee, therefore, rightly and very fairly did not address us with regard to that part of the case. Even so, the Learne....
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....ntial and unjustifiable risk of harm to others and by a conscious (and sometimes deliberate) disregard for or indifference to that risk; heedless; rash. Reckless conduct is much more than mere negligence: it is a gross deviation from what a reasonable person would do. (Black, 7th Edn. 1999) Intention cannot exist without foresight, but foresight can exist without intention. For a man may foresee the possible or even probable consequences of his conduct and yet not desire them to occur; none the less if he persists on his course he knowingly runs the risk of bringing about the unwished result. To describe this state of mind the word "reckless" is the most appropriate. 36. For our own benefit it is appropriate to reproduce Section 304 of the Indian Penal Code, which reads thus: 304. Punishment for culpable homicide not amounting to murder - Whoever commits culpable homicide not amounting to murder shall be punished with imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine, if the act by which the death is caused is done with the intention of causing death....
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....heavier than the aggravating circumstances. The balance of justice tilts more in favour of the accused. 44. In the case in hand, no useful purpose is going to be served by sending the Respondent accused Sanjeev Nanda to jail once again. Even though in the facts and circumstances of the case, jail sentence awarded to him may not be just and appropriate but as mentioned hereinabove, the mitigating circumstances tilt heavily in favour of the accused. 45. In the light of the aforesaid discussion, the appeal is partly allowed. The judgment and order of conviction passed by Delhi High Court is partly set aside and the order of conviction of Trial Court is restored and upheld. Accused is held guilty under Section 304 Part II of the Indian Penal Code. Looking to the facts and circumstances of the same, we deem it appropriate to maintain the sentence awarded by the High Court, which he has already undergone. However, we make it clear that this has been held so, looking to very peculiar facts and features of this particular case and it may not be treated as a precedent of general proposition of law on the point, for other cases. 46. Appeal stands allowed to the aforesaid extent. Acc....
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....ution evidence, accused persons were questioned and statements of the accused persons were recorded under Section 313 of the Code of Criminal Procedure. On the side of the accused, DW1 to DW9 were examined. Documentary evidences such as FSL report exhibited as P16/A etc. were also produced. The trial court vide judgment dated 02.09.2008, as already stated, found the first accused guilty under Section 304(II) of the Indian Penal Code and awarded the sentence of five years rigorous imprisonment. 54. Aggrieved by the judgment of the trial court, the first accused filed Criminal Appeal No. 807 of 2008 before the High Court and the High Court after examining the contentions of the parties converted the conviction from Section 304(II) to Section 304A of the Indian Penal Code and reduced the sentence to two years. The accused had already undergone the punishment awarded by the High Court and no appeal was preferred by him against the judgment of the High Court or the findings recorded by the High Court. The present appeal has been preferred by the State contending that the High Court has committed an error in converting the conviction from Section 304(II) to Section 304A of the Indian ....
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....by the prosecution. Further, Shri Raval submitted that the evidence of all these witnesses, though turned hostile, have to be appreciated in the light of the peculiar facts and circumstances of this case and also taking note of the admission of the first accused that it was he who had driven the vehicle on the fateful day. Learned Counsel also submitted that the court should appreciate the circumstance under which most of the prosecution witnesses turned hostile and the incidents which led to the judgment of this Court in R.K. Anand v. Registrar, Delhi High Court (2009) 8 SCC 106) cannot be lost sight of, which revealed the unholy alliance, then defence counsel had with the special public prosecutor for subverting the criminal trial of this case. PW2, who got injured in the accident, turned hostile so as to subvert trial. Evidently, all these were done at the behest of the accused though the prosecution was successful in bringing home the guilt of the accused, as found by the courts below. 57. Shri Raval submitted that since Learned Counsel for the accused had admitted that it was the first accused who was driving the vehicle on the fateful day resulting in the death of six pers....
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....lani, learned senior counsel appearing for the Respondent - accused, submitted that the accused had already undergone the sentence awarded by the High Court and since no sufficient grounds have been made by the prosecution to upset the conclusion reached by the High Court that in the facts and circumstances of the case, the offence will fall only under Section 304A of the Indian Penal Code. Learned senior counsel submitted that the accused had admitted the factum of the accident that, he was driving the vehicle on the morning hours of 10.01.1999 so as to give a quietus to the entire controversy and to purchase peace for the accused, who had undergone agony of the criminal trial for over a decade. 60. Learned senior counsel submitted, the factum of admission made by the accused in this regard cannot be put against him or prejudice the court in appreciating various contentions raised in defending his case. Shri Jethmalani, learned senior counsel, submitted, though the accident had occurred in the morning hours of 10.01.1999, the trial was prolonged due to various reasons - mainly due to the lethargic attitude of the prosecution and also due to the delay in the court proceedings wh....
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....eat significance for the accused to prove his defence. PW2, one of the victims of the accident who was in the Jeep, also disclosed various facts which were suppressed by the prosecution. Learned senior counsel also pointed out Kulkarni was a totally unreliable witness and the statements made by him were given importance by the trial court as well as the High Court in reaching various conclusions against the accused. 64. Shri Jethmalani submitted there is no evidence on record to prove that the accused was intoxicated in the sense in which intoxication was understood under Section 85 of the Indian Penal Code nor in the sense of his ability to control the motor vehicle being substantially impaired as a result of consuming alcohol as laid down by Section 185(1) of the M.V. Act. Further, it was also pointed that the test statutorily recognized for drunken driving is the breath analyzer test for drunken driving and the accused was not subjected to that test. Learned Counsel has submitted that when a statute prescribes a particular method the prosecution has to follow that method and not any other method. Reliance was placed on the judgments of the House of Lords in Rowlands v. Hamilt....
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....Kalubhai (supra) would not apply to the facts of this case. 68. We may at the outset point out that both the trial court and High Court, on appreciation of oral and documentary evidence, came to the clear finding that it was the accused who had driven the BMW car at the early hours of 10.01.1999 - the day on which six human lives were lost due to the rash and negligent act of the first accused, leaving another person injured. The facts and circumstances of the case according to the trial court, as already indicated, would attract conviction under Section 304(II) of the Indian Penal Code but the High Court converted the same to Section 304A of the Indian Penal Code, the correctness of which is the main issue that falls for consideration. We have to first examine whether any prejudice had been caused to the first accused due to the alleged unfair and delayed trial as contended and who was primarily instrumental for the delay in completion of the trial and also whether any injustice had been caused to the accused due to the alleged judicial unfairness. 69. The incident had occurred on 10.01.1999 and charge-sheet against the accused was filed on 08.04.1999. Sixty one witnesses we....
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.... as follows: As already noticed, to narrow down the controversy, Mr. Ram Jethmalani very fairly conceded at the threshold of the arguments that he would proceed in the matter by admitting the factum of the accident and the Appellant being on the driver seat on the fateful morning of 10th January, 1999, when the horrifying incident had taken place. This admission on the part of the counsel for the Appellant would mean that the Appellant gives up his right to challenge the findings of the Lower Court so far as the factum of accident by the Appellant while driving BMW car bearing registration No. M312LYP resulted in death of six persons and injury to one person on the morning of 10th January, 1999 near Car Care Centre petrol pump at Lodhi Road is concerned, despite the fact that several contentions have been raised by the Appellant denying his involvement in the accident in the grounds of appeal. 71. Shri Ram Jethmalani, as already pointed out, submitted that the first accused was seriously prejudiced due to the unfair and delayed trial, which was also commented upon by the High Court which reads as follows: In any event of the matter, the Appellant hi....
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....ng to drive, a motor vehicle,- (a) has, in his blood, alcohol exceeding 30 mg. per 100 ml. of blood detected in a test by a breath analyser, or (b) is under this influence of a drug to such an extent as to be incapable of exercising proper control over the vehicle, shall be punishable for the first offence with imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees, or with both; and for a second or subsequent offence, if committed within three years of the commission of the previous similar offence, with imprisonment for a term which may extend to two years, or with fine which may extend to three thousand rupees, or with both. Explanation. -For the purposes of this section, the drug or drugs specified by the Central Government in this behalf, by notification in the Official Gazette, shall be deemed to render a person incapable of exercising proper control over a motor vehicle. 74. Section 203 of the MV Act deals with Breath Tests. The relevant portion for our purpose is given below: 203. Breath tests.- (1) A police officer in uniform or an officer of the Motor Vehic....
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....d in such situations so that the alcohol content in the blood can be detected. The breath analyzer test could not have been applied in the case on hand since the accused had escaped from the scene of the accident and there was no question of subjecting him to a breath analyzer test instantaneously. All the same, the first accused was taken to AIIMS hospital at 12.29 PM on 10.01.1999 when his blood sample was taken by Dr. Madulika Sharma, Senior Scientific Officer (PW 16). While testing the alcohol content in the blood, she noticed the presence of 0.115% weight/volume ethyl alcohol. The report exhibited as PW 16/A was duly proved by the Doctor. Over and above in her cross-examination, she had explained that 0.115% would be equivalent to 115 mg per 100 ml of blood and deposed that as per traffic rules, if the person is under the influence of liquor and alcohol content in blood exceeds 30 mg per 100 ml of blood, the person is said to have committed the offence of drunken driving. 75. Further, the accused was also examined on the morning of 10.01.1999 by Dr. T. Milo - PW 10, Senior Resident, Department of Forensic Medicine, AIIMS, New Delhi and reported as follows: On....
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....her, in more unfavourable conditions like fog, mist, rain etc., whether it is night or day, it can reduce the visibility of an object to the point of being below the limit of discernibility. In short, alcohol leads to loss of coordination, poor judgment, slowing down of reflexes and distortion of vision. 79. Punishment meted out to a drunken driver, is at least a deterrent for other such persons getting away with minor punishment and fine. Such incidents are bound to increase with no safety for pedestrians on the roads. The contention raised by learned senior counsel that the accused was not under the influence of liquor or beyond the limit prescribed under the M.V. Act and he was in his senses and the victims were at fault being on the middle of the road, is without any substance and only to be rejected. Fog, visibility and speed 80. Learned senior counsel, as already indicated, pointed out that the morning of 10.01.1999 was a foggy one and that disrupted the visibility. Reference was made to the report exhibited as PW15/B, that of Dr. S.C. Gupta Director of Meteorological Department. Learned senior counsel pointed out that the presence of fog is a fact supported by the s....
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....Learned senior counsel also submitted that there is no presumption in law that a person who has no licence does not know driving. Further, it was also pointed out that driving without a licence is an offence under M.V. Act and not under the Penal Code, unless and until it is proved that a person was driving a vehicle in a rash and negligent manner so as to attract Section 304A of the Indian Penal Code. Admittedly, the first accused was not having an Indian licence at the time of accident though he had produced a licence issued by the Licencing Authority from a State in the United States. A person who is conversant in driving a motor vehicle in the United States and European countries may not be familiar with the road conditions in India. In India, the driver is always on the defensive due to various reasons. Pedestrians in India seldom use footpaths nor respect Zebra lines or traffic lights, two wheelers, auto-rickshaws, cyclists and street-vendors are common sights on Indian roads. A driver in Indian roads should expect the unexpected always, therefore, the plea that the accused has an American driving licence is not an answer for driving in Indian roads unless it is recognized in....
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....; (c) give the following information in writing to the insurer, who has issued the certificates of insurance, about the occurrence of the accident, namely: (i) insurance policy number and period of its validity; (ii) date, time and place of accident; (iii) particulars of the persons injured or killed in the accident; (iv) name of the driver and the particulars of his driving licence. Explanation. - For the purposes of this section, the expression "driver" includes the owner of the vehicle. Section 187 of the M.V. Act, 1988 provides for punishment relating to accident, which reads as follows: 187. Punishment for offence relating to accident. - Whoever fails to comply with the provisions of Clause (c) of Sub-section (1) of Section 132 or of Section 133 or Section 134 shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both or, if having been previously convicted of an offence under this section, he is again convicted of an offence under this section, with imprisonment for a term which m....
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....udge of the Calcutta High Court, gave various directions to the Union of India and other States to ensure immediate medical attention in such situations and to provide immediate treatment to save human lives. Law Commission in its 201st report dated 31.8.2006 had also made various recommendations, but effective and proper steps are yet to be taken by Union of India and also many State Governments. We call for the immediate attention of the Union of India and other State Governments, if they have not already implemented those directions, which they may do at the earliest. 86. Seldom, we find that the passing vehicles stop to give a helping hand to take the injured persons to the nearby hospital without waiting for the ambulance to come. Proper attention by the passing vehicles will also be of a great help and can save human lives. Many a times, bystanders keep away from the scene, perhaps not to get themselves involved in any legal or court proceedings. Good Samaritans who come forward to help must be treated with respect and be assured that they will have to face no hassle and will be properly rewarded. We, therefore, direct the Union of India and State Governments to frame prop....
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....t case where even the injured witness, who was present on the spot, turned hostile. This Court in Sidhartha Vashisht @ Manu Sharma v. State (NCT o Delhi) (2010) 6 SCC 1) and in Zahira Habibullah Shaikh v. State of Gujarat AIR 2006 SC 1367) had highlighted the glaring defects in the system like non-recording of the statements correctly by the police and the retraction of the statements by the prosecution witness due to intimidation, inducement and other methods of manipulation. Courts, however, cannot shut their eyes to the reality. If a witness becomes hostile to subvert the judicial process, the Courts shall not stand as a mute spectator and every effort should be made to bring home the truth. Criminal judicial system cannot be overturned by those gullible witnesses who act under pressure, inducement or intimidation. Further, Section 193 of the Indian Penal Code imposes punishment for giving false evidence but is seldom invoked. Section 304(II) or Section 304A of the IPC 90. We may in the above background examine whether the offence falls under Section 304(II) of the Indian Penal Code or Section 304A of the Indian Penal Code from the facts unfolded in this case. Shri Rava....
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....lubhai (supra) wherein this Court held as follows: Section 304A carves out a specific offence where death is caused by doing a rash or negligent act and that act does not amount to culpable homicide Under Section 299 Indian Penal Code or murder Under Section 300 Indian Penal Code. If a person willfully drives a motor vehicle in the midst of a crowd and thereby causes death to some persons, it will not be a cause of mere rash and negligent driving and the act will amount to culpable homicide. Each case will, therefore, depend upon the particular facts established against the accused. Before elaborating and examining the above principle laid down by this Court, we will refer to Sections 299, 300, 304A of the Indian Penal Code. Section 299 A person commits culpable homicide if the act by which the death is caused is done *** (c) with the knowledge that he is likely to cause death. Section 300 Except in the cases hereinafter excepted, culpable homicide is murder, if the act by which the death is caused is done *** (4) with the knowledge that it is so....
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.... is no intention to cause death and no knowledge that the act done in all probability will cause death. The provision is directed at offences outside the range of Sections 299 and 300 Indian Penal Code. Section 304A applies only to such acts which are rash and negligent and are directly the cause of death of another person. Negligence and rashness are essential elements under Section 304A. 96. In a recent judgment, in Alister Anthony Pareira (supra), this Court after surveying a large number of judgments on the scope of Sections 304A and 304(II) of the Indian Penal Code, came to the conclusion that in a case of drunken driving resulting in the death of seven persons and causing injury to eight persons, the scope of Sections 299, 300 and 304(I) and (II) of the Indian Penal Code stated to be as follows: Each case obviously has to be decided on its own facts. In a case where negligence or rashness is the cause of death and nothing more, Section 304A may be attracted but where the rash or negligent act is preceded with the knowledge that such act is likely to cause death, Section 304 Part II Indian Penal Code may be attracted and if such a rash and negligent act is pr....
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....o murder'. For the purpose of fixing punishment, proportionate to the gravity of this generic offence, the Code practically recognises three degrees of culpable homicide. The first is, what may be called, culpable homicide of the first degree. This is the gravest form of culpable homicide which is defined in Section 300 as 'murder'. The second may be termed as 'culpable homicide of the second degree'. This is punishable under the 1st part of Section 304. Then, there is 'culpable homicide of the third degree.' This is the lowest type of culpable homicide and the punishment provided for it is, also, the lowest among the punishments provided for the three grades. Culpable homicide of this degree is punishable under the second Part of Section 304. 99. Referring to para 14 of that judgment, the Court opined that the difference between Clause (b) of Section 299 and Clause (3) of Section 300 is one of the degree of probability of death resulting from the intended bodily injury. The word "likely" in Clause (b) of Section 299 conveys the sense of 'probable' as distinguished from a mere possibility. The words "bodily injury...sufficient in the ordinary ....
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....e death of six human beings, in our view, at least, immediately after having hit so many human beings and the bodies scattered around, he had the knowledge that his action was likely to cause death of so many human beings, lying on the road unattended. To say, still he had no knowledge about his action is too childish which no reasonable man can accept as worthy of consideration. So far as this case is concerned, it has been brought out in evidence that the accused was in an inebriated state, after consuming excessive alcohol, he was driving the vehicle without licence, in a rash and negligent manner in a high speed which resulted in the death of six persons. The accused had sufficient knowledge that his action was likely to cause death and such an action would, in the facts and circumstances of this case fall under Section 304(II) of the Indian Penal Code and the trial court has rightly held so and the High Court has committed an error in converting the offence to Section 304A of the Indian Penal Code. 101. We may now examine the mitigating and aggravating circumstances and decide as to whether the punishment awarded by the High Court is commensurate with the gravity of the off....
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....r fate to destiny which, in our view, is not a normal human psychology and no court can give a stamp of approval to that conduct. (v) Non-reporting the crime to the police even after reaching home and failure to take any steps to provide medical help even after escaping from the site. 104. Payment of compensation to the victims or their relatives is not a mitigating circumstance, on the other hand, it is a statutory obligation. Age of 21, as such is also not a mitigating factor, in the facts of this case, since the accused is not an illiterate, poor, rustic villager but an educated urban elite, undergoing studies abroad. We have to weigh all these mitigating and aggravating circumstances while awarding the sentence. Sentencing 105. We have to decide, after having found on facts, that this case would fall under Section 304 Part II, what will be the appropriate sentence. Generally, the policy which the court adopts while awarding sentence is that the punishment must be appropriate and proportional to the gravity of the offence committed. Law demands that the offender should be adequately punished for the crime, so that it can deter the offender and other pe....