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A local court in Madhya Pradesh last week sentenced a man to 190 years in prison for culpable homicide of 19 people. Six years ago, the man had caused a bus crash by driving recklessly in State’s Panna district despite passengers' continuous requests to slow down. Apart from the driver, the bus owner has also been sentenced to ten years in prison. 

First Additional Sessions Judge (Panna) R.P. Sonkar awarded 10 years of prison on each of 19 counts to the bus driver Shamshuddin under section 304 of the Indian Penal Code. As per the court order, the sentences will be served separately. 

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Key Facts

On May 4, 2015, a passenger bus carrying 65 people had crashed into a dry canal and caught fire on National Highway 75, killing 22 and injuring a dozen others. Shamshuddin, the driver, was accused of driving recklessly despite passengers' repeated requests to slow down. 

During the investigation of the case, it was discovered that the emergency exit had also been blocked by using iron rods and an additional seat had been installed in its place. Due to this, after the accident passengers got trapped in the raging inferno.

The bus driver was charged under IPC sections 304(a) (death due to negligence), 304 (culpable homicide), 279, 337 and 338 (both for rash driving). Whereas, the bus owner was charged under section 304 of IPC for it was his responsibility to keep the bus ready with all the emergency needs. 

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Crucial observations

The Sessions Court found that the bus driver had caused the accident by driving drunk. The court also noted that though it had been reported that a total of 22 people had died in the accident, however, only 19 dead bodies were proved by the doctors. Therefore, Court decided that the sentence was to be awarded for causing the death of only 19 passengers. 

Court further observed that the prosecution had succeeded to prove beyond doubt that the accused bus owner had derelicted his duty as the owner of the vehicle by making amendments in the bus that blocked the emergency exit and not ensuring that the mandatory fire extinguisher was kept inside the bus at all times.

Court also noted that the bus driver also had driven the bus in on the zigzag and mountainous roads with such recklessness knowing that it could cause death of the passengers. 

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Court's conclusion

Court held that as the driver was drunk and had caused the accident being intoxicated, therefore, he couldn't be held liable under sections 304(a), 279, 337 and 338 of the IPC. However, for causing grievous hurt to some of the passengers, he was held guilty under IPC sections 323 and 325 (voluntarily causing hurt and grievous hurt respectively) instead. 

Court further concluded that the bus owner's failure to perform his duty as the owner of the vehicle had also resulted in the culpable homicide not amounting to murder of the bus passengers. Therefore, he too was held guilty under section 304 of IPC. 

Case Title: State of MP v. Shamshuddin and Gyanendra Pandey