STATE Vs. P MANOHARA

JUDGEMENT

(1.) HEARD the learned H. C. G. P. for the State/appellant and the learned counsel Sri S. Vishwajit Shetty for the respondent.

(2.) THE brief facts of the case are that prosecution was launched against the respondent in C. C. No. 9194/1996 on the file of the JMFC, II Court, Mangalore, alleging that he being the driver of the vehicle bearing No. KA-19/585 drove the same in a rash and negligent manner on the National Highway No. 17, near Panambur Circle, Mangalore, and dashed against one Yadhav Bokkapatna who was crossing the road and caused his death. Therefore, charge sheet was filed for the offences punishable under Ss. 279 and 304-A, IPC. When the charges were read over and explained to the respondents, he admitted his guilt. On the basis of this admission of guilt by the respondent on 17-2-1997, the Court passed an order on 10-3-1997 sentencing him to pay a fine of Rs. 5,000/- for the offence punishable under S. 304-A, IPC. The State being aggrieved by the order passed by the Court imposing only a sentence of fine, this appeal is preferred under S. 377 for enhancement of sentence.

(3.) THE learned S. P. P. has vehemently argued that the Supreme Court in a decision reported in State of Karnataka v. Krishna alias Raju, ILR 1987 Kant 1894 : (AIR 1987 SC 861 : 1987 Cri LJ 776) has held. (Para 7)