Murder is simply defined as the killing of a human being with malice aforethought.
When a person drives under the influence of liquor or some other intoxicating substance, besides being against the law the driver is well aware of the possible consequences/dangers of his action. Therefore one can safely say that there is an element of 'aforethought' here. Also the driver being a major can be held responsible for all his actions. So this accident in in fact a clear case of murder.
The punishment should be severe as per the severity of the crime and to my mind should include all the following 1.A jail sentence of atleast 3 years( 5 years in case driver had no license) 2.A huge monetary fine of 75 lacs which should be used to compensate the injured and families of the dead.( This would also serve as punishment to the family of the driver as they are also partly responsible) 3. The driver should be banned from driving any motor vehicle for the rest of his life.
There is also need to prevent such crimes by regularly checking drivers for driving under influence of intoxicants and severe punishment including forfeiting of licences , huge fines and imprisonment.
I am really feeling sorry about india. Salman khan was caught crushing 1 man and hurting 4 others, he was also caught in black buck hunting case.But still Mumbai police invites him in a function.And the heading in Times of India site is "Salman Khan puts his best foot forward at a show organised by the Mumbai Police Welfare Association in Mumbai." This shows the pathetic situation of law in india. He is free on bail and njoying life. I m also waiting for a day when i can crush all corrupt ministers and be free and njoy.
If the driver is caught red handed after this kind of incident. Send him to one year Jail, No court no case no bail.
If any one is found drunk while driving put him behind bars and Print his photo showing him behind bars in all dailies. Confisticate his licence for life time.
What pity and shame. Half dozen poor people childrens also among them, have died in this Bandra Incident and the companions of the drivers are just give bail that to for Rs.5000.
Appropriate punishment is a must for such reckless drivers who for their own enjoyment consume a wad too much and then put the lives of others at risk.
But if we look at the problem closely, we would see that invariably these guys would be let off scot-free and with just a mild reprimand or a rap on the knuckles.
The difference in the economic and social status of the accused and the victim is so huge that the chances of successful prosecution of such drivers are almost zilch.
We have got to face the reality and realize that our justice system is skewed in favour of those who are more fortunate and blessed with monetary advantages. Money may not buy love, but it sure buys a lot of other things, including at times, justice.
The best we can hope to do in such cases is to educate these high society people and their parents about the dangers of driving while drunk with extra emphasis on the fact sooner or later, tables could turn and in future accidents there is a big chance of the driver being killed himself rather than those poor guys sleeping on the road.
I don't believe that these super rich brats would ever care for the pavement dwellers to stop this habit but
If drunk driving involves bringing harm to their own selves than they should only be arrested and put into jail for few days just to make them realize what they have done. but when it comes to taking someone's life while behind the wheel, its a huge felony. this drunkheads should be punished severely. it could be any where from spenting life sentence in jail plus paying huge amount to victims. Make them realize what they have done. their should be no court or kacheri, if fact if known that crime has taken place, then put them in jail right away without any option for bail. but this is offcourse only if death of innocents takes place.
If the driver is caught on regular police check up -on the first incidence - Rs 5000 fine and cancel the driving licence for one year. On the second incidence Rs 10000 fine and permanently cancel the licence. If the driver makes an accident while drunken, the person should be imprisoned immediately and legal action to be taken.
If you look at a milder form of this problem and assume that a person under the influence of drinks, slaps you, would that be tolerated by any self-respecting person. At the other end of the spectrum, when we look at the extreme form of this problem, wherein suppose the same person had a gun and shoot it off accidentally, killing someone, after being drunk, would that person not be liable for prosecution.
Similarly a car is akin to a dangerous weapon in the hands of a drunk. As it is, with the condition of our roads, it is almost impossible to drive without having minor accidents every now and then. Driving under the influence of alcohol and that too at night time, increases the chances of hurting someone immensely.
If we look at the profile of the drivers in such related recent cases, you would notice that almost all of them are high profile people having a good time out and being loaded with a lot of drinks. Whereas the victims are invariably from the lowest strata of the social ladder.
Appropirate punishment for such drivers is a must, but with such a difference in social and economic status between the agressor and the agrrieved, is there a chance of justice here?
If driver drove vehicle after taking alochol and if they met an ancident.
Police has to simply cancel the driving licence as well they have to put in jain non bailing for 10 years and (driver)has to pay the compensation to the family. This rules prevail in Gulf region.
