MANISH JALAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Leave granted.

(2.) The sole appellant stands convicted under section 279 of the Indian Penal Code, 1860 (for short 'I.P.C.') for the offence of driving on public way so rashly or negligently as to endanger human life and also under section 304-A, I.P.C. for causing death by rash or negligent act, not amounting to culpable homicide. The trial court sentenced him to undergo simple imprisonment for one year and to pay fine of Rs. 5,000 for both the offences and in default to undergo simple imprisonment for two months. On appeal to the High Court, vide its judgment dated 10.11.2006 in Criminal Revision Petition No. 159 of 2005, High Court of Karnataka at Bangalore has maintained the conviction but has reduced the sentence to simple imprisonment for one year and a fine of Rs. 5,000 for the offence under section 279, I.P.C. and simple imprisonment for six months and fine of Rs. 5,000 for offence under section 304-A, I.P.C. This judgment of the High Court is under challenge in this appeal by special leave.

(3.) Since learned senior counsel for the appellant has not seriously questioned the correctness of the conviction and has confined his arguments to the quantum of sentence, we deem it unnecessary to refer to the accusations against the appellant in greater detail. It would suffice to note that the appellant was charge-sheeted for driving a tanker in a rash and negligent manner so as to endanger human life and in the process dashing against a Kinetic Honda scooter, being driven by the deceased, who fell down and was run over by the left wheel of the tanker. Deceased succumbed to the injuries on way to the hospital. As noted above, on appraisal of the evidence, both the courts below have found the appellant guilty of the offence under sections 279 and 304-A, I.P.C.