NIYAJBASHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Leave granted.

(2.) The present proceeding arises out of an accident involving a two-wheeler (a motorbike) resulting in the death of an elderly lady, Shankaravva Ganiger. The accident had occurred in the evening of 21/4/2008 on Pune-Bengaluru Road within the jurisdiction of Dharwad Police Station. The appellant was riding the two-wheeler. The appellant has been convicted of the offences punishable under Ss. 279 and 304-A of the Indian Penal Code, 1860 (for short 'Code') in the ensuing criminal trial held in the Court of the Chief Judicial Magistrate, Dharwad. He was convicted for commission of offences under both the aforesaid provision. For the offence committed under Sec. 279 of the Code sentenced to pay a fine of rupees eight hundred. In default of payment of fine, he has been directed to undergo simple imprisonment for a period of one month. In relation to offence punishable under Sec. 304-A of the Code, he had been sentenced to undergo simple imprisonment for a period of six months and to pay fine of Rs.1000.00, in default thereto simple imprisonment for a month was mandated. His appeal against the judgment of conviction and order of sentence has been dismissed by the Principal District and Sessions Judge, Dharwad. His criminal revision petition before the High Court against the judgment of dismissal of the appeal has also been rejected by the High Court of Karnataka. This judgment of the High Court delivered on 19/3/2021 is under appeal before us.

(3.) It has been 13 years since the offence took place. In course of hearing, we enquired from the learned counsel appearing for the kins of the victim as to whether any compensation was received under any motor accident claim and he answered in the affirmative. Compensation was rupees two lacs and forty thousand, as submitted by him. In our order dtd. 19/8/2021, we had recorded an undertaking on behalf of the appellant that he would deposit a sum of rupees one lac with the Registry of this Court and we are apprised that such deposit has been made. We have gone through the materials on record and are satisfied that the allegations of commission of offences have been proved on the basis of evidences led before the Trial Court. Now the point remains as to whether this Court would also sustain the sentence.