Drunk Driver Charged for Culpable Homicide! A Lesson for other Drunk Drivers
Mangaluru : Aneesh John, who owns a unisex salon in a star hotel in Mangaluru has now been charged by the Mangaluru City Police with culpable homicide not amounting to murder, under section 304 of IPC for causing the death of a 25-year-old innocent auto-rickshaw driver who was standing beside his auto near Dr Ambedkar Circle, opposite KMC hospital on late Sunday night. It is learnt that Aneesh was under influence ol alcohol, and also that beer bottles were found inside his car.
Police on the basis of breath alcohol analysis test conducted on Aneesh have found that he had alcohol at least six times more than the legally permissible limits- so he has been slapped with the section 304 of IPC. Regarding 304- it is a Punishment for culpable homicide not amounting to murder.—Whoever commits culpable homicide not amounting to murder shall be punished with 1[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, or of causing such bodily injury as is likely to cause death, or with imprisonment of either description for a term which may extend to ten years, or with fine, or with both, if the act is done with the knowledge that it is likely to cause death, but without any intention to cause death, or to cause such bodily injury as is likely to cause death.
While the police are yet to receive the blood alcohol report from the regional forensic science laboratory, where Aneesh could face more charges, until then he is charged with 304 based on breath alcohol test. The judge has remanded Aneesh in to judicial custody under section 279 and 304 IPC till August 18. Aneesh is not the only person, if you look around Mangaluru every single night there are hundreds of them behind the wheels totally drunk- and who care a damn about Drunk Driving laws and its consequences. And in many of these drunk driving accidents, it is found that youngsters are at the helm of such violations- and our lovely city cops have turned a blind eye against such deadly DUI accidents.
Regarding Aneesh, if you ask anyone who knows him they would say that he is a gem of a guy. For the last couple of years I have know Aneesh John, since I go for my haircut at his salon. He respects everyone with courtesy and a smile, and treats you more like a friend than his customer- and that’s his nature. Soft spoken and friendly, he always has a smile on his face, which makes people to patronize his business again and again. He is a hard working person, seen always at his salon from morning till night, taking care of his customers- but bad luck came upon him Sunday, being a day off -bet he had some fun with his friends, involving alcohol that went beyond his limits- and unfortunately that night which led him to face all these consequences, when he crashed his car into a auto-rickshaw killing one person and injuring couple others.
But we should know that Aneesh is not alone on the streets driving drunk- there are others who are also drunk but have never been caught until now. They too are on the waiting list, unless they straighten up their habits of not driving drunk. And many don’t even care about the traffic laws or DUI laws, because they know they can easily get out if caught. There is a nonchalant attitude among the drivers. They feel that they are the ’emperors of all they survey’, and they can pay fine, or hire a good lawyer, bribe someone -and be back on the road once again- and injure and kill more innocent people. Until and unless the DUIO laws are enforced strictly and cops don’t play games- then only drunk driving accidents could be controlled.
But these DUI cases have been caught in a web of laws and lack of it, to deal with levels of culpability. The lack of stringent laws express concern at the “menace posed by drunk driving” and the large number of accident deaths here. In spite of Drunk driving which is usually charged under section 304 A of the Indian Penal Code as a rash and negligent act causing death and carries a maximum of two years in jail or fine or both- but seems like no one is taking it very seriously, because they know if you are rich and influential you can get out easily- and that’s what has been happening in Mangaluru too. The provision allows those charged under the act to get away with lenient sentences of up to two years.
Auto-rickshaw Driver-Praveen
The poor feel that their lives are not safe, the pedestrians think of uncertainty, and civilized persons drive in constant fear but still apprehensive about the obnoxious attitude of the people who project themselves as ‘larger than life’. Even though the court had also suggested that IPC sections 304 A (culpable homicide not amounting to murder which attracts up to 10 years punishment) and 279 should be amended to include a specific offence of drunk driving, the government and the concerned authorities must consider levying very heavy fines on the drunken drivers. In cases of underage drivers the parents must be fined very severely and if the drunken driving involves fatal accident, both the parent and their child should be punished severely.
Now that a innocent auto-driver and bread winner of the family faced a tragic death at the hands of a drunk driver , how many drivers or riders in drunken state in Mangaluru will be careful in future- I bet a very few, because they know that they can easily get out without getting into trouble when caught- because our lovely cops are so corrupt that they will wait to find out whether the driver/rider is rich or poor-only then they will file an FIR. Such cases have been reported in the past where local drivers under the influence of alcohol have killed or seriously injured people, but never got into trouble through political influence, bribing the cops and so on-they are still on the road, awaiting to kill or injure more Mangaloreans. It’s time for our cops to stop their corruptness and be strict with those drivers/riders who drive in intoxicate state. Can we trust our city cops in handling and punishing DUI drivers without being corrupt?-is a question hard to answer! or you’ll never get an answer?
In conclusion, quoting Greek playwright Sophocles, “Laws can never be enforced unless fear supports them.” And it is high time the Centre moved on it, and enforce stricter anti-drunk driving laws immediately without wasting more time. What can we do to curb drunk driving? How can we prevent under-age youngsters from getting a driving license? Should those caught driving under the influence of alcohol and involved in serious accidents be given severe punishment (the existing law prescribes a two year imprisonment but the Law Commission wants to increase it to ten years)? Should drunken driving be made into a criminal non-bailable offence? How can we save precious lives, of both victims and drivers? How can we cope with this serious problem? Post your comments/ideas on our web blog….
I end this report with a sensible comment posted by one of our ardent readers, Joe D’souza stating, “Just because this unfortunate accident happened, drunken driving became big issue. I request Traffic Interceptor Vehicle along with PCR Vehicle to go around the town after 6 pm and see the number of Bikes and Cars Parked and the drivers of these Vehicles drinking inside the Bars. Take a ride from Karangalpady Market toward Central Jail and see the crowd of Vehicles in front of a popular bar. After drinks, they drive home. My request to Police Commissioner to take this matter seriously and Himself should drive around town after 6 pm as a good will towards Pubic along with thought of Children and see the area near Bars in town where vehicle are parked in large numbers. Some fellows drink in Public sitting on their Bikes along with friends. They even block the road and we cannot ask them to move as they are totally drunk. They may mishandle Us. Soon there will be more deaths of Bikers due to this problem of drinking and driving. Innocent People will be killed.”
Team Mangalorean extends heartfelt condolences to the bereaved family members of Praveen, and may his soul rest in peace.
Very nice write up. Hope even department officials and government servants will follow rules. These days even policemen drink and just because the concerned patrolling cars know them, they are let away. Some government officials are so drunk that because of their position in office and car they use, they too are let off. Big shots with fancy cars, samething. Hope justice is served equally and let Mangaluru be a safe haven for it’s people.