ASHRAF Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Leave granted.

(2.) The appellant was convicted by the 3rd Additional Civil Judge and Judicial Magistrate, First Class, Channarayapatna, District Hassan under Ss. 279 and 304A of the Indian Penal Code, 1860 (IPC) and imposed a sentence of simple imprisonment for two months and eight months respectively and a fine of Rs.1,000.00 and Rs.5,000.00 with default sentence of 15 days and 2 months respectively. The 4th Additional District and Sessions Judge, Hassan District confirmed the same. In the revision, the High Court of Karnataka enhanced the fine under Sec. 304A of the IPC from Rs.5,000.00 (Rupees Five Thousand) to Rs.30,000.00 (Rupees Thirty Thousand) and reduced the simple imprisonment from 8 months to 4 months and in default simple imprisonment for 2 months. The sentence under Sec. 279 was modified to only Rs.1000.00 fine and in default to undergo 15 days imprisonment. Hence, as of now the appellant has been sentenced with four months of S.I. and ordered to pay a total fine of Rs.31,000.00 with default sentence as afore stated.

(3.) The learned counsel for the appellant argued that the High Court, despite having found contributory negligence, has convicted the appellant under Sec. 304A of the IPC without due cause. Specific reference is made to paragraph 29 of the impugned judgment.