HC sentences Allistair Pareira to 3 years RI

Mumbai, Sep 6 (UNI) Undoing a trial court verdict, the Bombay High Court today handed over a three-year jail term to Allistair Pareira whose car had knocked down to death seven labourers and injured eight others while they were asleep on a pavement here in Bandra.

A division bench comprising Chief Justice Swatanter Kumar and Justice Ranjana Desai today allowed an appeal filed by the state for enhancement of punishment given by trial court to Allistair Pareira.

Allistair, who is eligible for continuation of bail, was taken into custody after the court adjourned hearing into his bail application till tomorrow.

A sessions court on April 13 this year, had acquitted Allistair of charges of culpable homicide not amounting to murder and, instead, held him guilty of rash and negligent driving only. The trial court had sentenced him to six months rigorous imprisonment on that count and for fifteen days on another count of causing simple injuries.

In appeal, the High Court found that the trial court had committed gross error while acquitting Allistair on the point of culpable homicide not amounting to murder, as the trial court concentrated only on lacunae of the prosecution case and neglected evidence led by the prosecution.

The trial court had taken a stand that the ''knowledge'' that the act could lead to death of any person, as required under the act, was not attributable to Allistair.

The trial court had also discarded evidence of Allistair having been under the influence of alcohol, although the chemical analyser had established 0.112 per cent ethyl alcohol content in his blood.

The High Court observed in its order that every person, like the accused Allistair, was expected to have knowledge of law. In Mumbai, it was publicly known that poor people slept on footpaths and this knowledge squarely fell within the term of ''knowledge'' referred in section 304 (II) that dealt with culpable homicide, the High Court observed.

The High Court convicted Allistair under section 304(II) for culpable homicide and sentenced him to three years rigorous imprisonment and imposed fine of Rs five lakhs (which was already paid persuant to trial courts verdict), one year RI for causing grave injuries to two persons and six months for causing simple injuries to six persons. The sentences are to run concurrently.

UNI