STATE OF KARNATAKA Vs. THIMMANAIKA

JUDGEMENT

(1.) The accused-respondent was charge sheeted before the Court of Judicial Magistrate First Class, Srirangapatna under Sections 279, 337 & 304A I.P.C. It was alleged against him that on 13-2-1987 at about 6.30 AM on Mysore-K.R. Sagar road, he was driving the lorry bearing No. CMS 4617 in a rash, and negligent manner and hit a bullock cart coming on the left side of the road and as a result the cart was completely damaged, two bullocks which were drawing the card died-due to the injuries sustained by them, two other bullocks which were tied behind were also injured and one B.K. Ramegowda who was also badly injured died later in K.R. Hospital, Mysore. Thus this was a case involving more offences than one from rash and negligent driving of the vehicle. After the accused was released on bail and case set down for hearing the proceedings show that the case which was to be taken in its usual course on 18-1-1988 was advanced to 5-1-1988 on the request made by the accused-respondent himself by filing an application to the Court on the same day, i.e., on 5-1-1988. He stated therein that in Mandya Accident Claims Tribunal Rs 45,000/- were awarded as compensation against him and he was too poor to pay the fine amount that might be imposed by the Court in this case and therefore he made a prayer that he may be let off with a small amount of fine. Thus throughout his application what he all pleaded was for the mercy in the hands of the Court pleading his poverty and the heavy compensation which was already awarded,

(2.) The trial Court on his application advanced the case, recorded his plea and sentenced him to pay a fine of Rs 600/- for all the offences collectively. Perhaps the accused felt supremely happy with this result. The State having felt aggrieved by what the Supreme Court has called such lenient view as 'flea bite' sentence in cases of this nature, approached this Court under Section 337 Cr.P.C. for enhancement of the sentence.

(3.) Learned State Public Prosecutor has asked us to act on the plea of guilt as acted by the trial Court and according to him the trial Court committed an error in not sentencing the respondent separately for each of the offences under Sections 279, 337 & 304A IPC by imposing a fine of Rs 600/- for all the offences. This is too lenient according to the State.