Woman, infant killed in Chennai accident; guilty motorist unlikely to face longer jail time

CHENNAI: An engineer who knocked down a 26-year-old woman and her eight-month-old child in his two-wheeler, causing their deaths, has been found guilty of causing death by negligence by a city court, and sentenced to two years’ imprisonment.

But, the prosecution could not prove that he was drunk at the time of the accident, as they could not authenticate the veracity of the breathalyser test and the drunkenness certificate, which would have attracted a higher sentence.

According to a lawyer handling motor accident cases, despite the conviction, the motorist is unlikely to spend a day in jail as the sentence is less than three years. Anna Nagar TIW (Traffic Investigation Wing) had arrested the engineer, N Nihal (24) on October 9.

According to the prosecution, he was riding his KTM bike in an inebriated state, sans a helmet and hit a woman pedestrian, S Poonguzhali and her eight-month-old child near Anna Arch. She died on the spot while the child was declared dead at the hospital.

During the trial, the case against Nihal’s female friend who was riding pillion was quashed as directed by the Madras High Court. Police had booked Nihal under sections 279 (rash driving), 304 (ii) (culpable homicide not amounting to murder) and sections of the Motor Vehicles Act.

The prosecution submitted before the court that the breathalyser test showed the level of alcohol to be 109mg/100 ml of blood (permissible limit is 30 mg). A drunkenness certificate was also submitted based on his blood and urine samples tested by the Forensic Sciences Department.

His blood sample test showed that there were 92 milligrams of alcohol and urine sample detected 101 mg of alcohol.

However, during trial, Nihal’s counsel argued about the veracity of these tests. When he questioned the periodic (monthly) calibration of the breathalyser, the police said that the device was last calibrated on July 2 (three months before the accident). There was also suspicions raised on the drunkenness certificate, for which the prosecution could not provide enough substantiation.

After hearing the submissions, the sessions court noted that Section 304 (ii) cannot be attracted in this case. “When it’s already held that the prosecution has not proved beyond reasonable doubt that the accused had consumed alcohol on the date of occurrence, then the question of the accused committing the act with the knowledge that it’s likely to cause death, does not at all arise,” the court held. “Since it’s proved that the accused was the one riding the bike which caused the accident, he can be held guilty under Section 304 (a) (causing death by negligence).” Nihal was sentenced to two years in prison.

When the periodic (monthly) calibration of the breathalyser was called into question, the police said that it was last calibrated on July 2 (three months before the accident). There were also suspicions raised about the drunkenness certificate