B NAGABHUSHANAM Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Leave granted.

(2.) Appellant was the driver of a bus bearing registration No. AP-10-Z- 5260. He was driving the said bus on Bangalore-Hindupur road. On 10.1.1999, at about 2:00 p.m. when the bus was passing through a village commonly known as Kamalapura, it dashed against a child by name Shantha, as a result whereof she died. Shantha was about 7 years old at that time. A criminal prosecution under Sections 279 and 304A of the Indian Penal Code was initiated against him. He was found guilty of the said offences. He was sentenced to one year's simple imprisonment and to pay a fine of Rs. 1,000/- for commission of the offence punishable under Section 304A and simple imprisonment for one month and to pay a fine of Rs.500/- for the offence punishable under Section 279 of the Indian Penal Code. The appeal preferred thereagainst by him was dismissed. The High Court, however, by reason of the impugned judgment modified the sentence directing:

(3.) A limited notice was issued by this Court by an order dated 25.2.2008 only on the question of sentence.