All the same, the bench pointed out that people had lost their lives or were injured due to the accident.
Considering the peculiar aspects of the case, the Court found that rigorous imprisonment of 5 years, which was the penalty imposed on the two convicts, was disproportionate.
The Court also took critical note that the owner of the bus was awarded the same sentence as the driver, even though his role was limited to allowing his brother to drive the bus.
The Court added that it was also not proper to invoke Section 34 of the IPC since there was no common intention to cause the death of the passengers by causing a road traffic accident.
“Therefore, to that extent, there has been nonapplication of mind by the trial court and the same being affirmed by the High Court is not just and proper,” the Supreme Court said.
With these observations, it reduced the sentence awarded to the two convicts.
Source: Barandbench
