SHIVANNA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS revision petition is directed against the judgment dated 26.12.2009 in C.C. No. 2717/2007 passed by the Court of JMFC at Mysore and confirmed by the judgment dated 15.06.2010 in Crl. A. No. 9/2010 passed by the II Additional Sessions Judge, Mysore, convicting the petitioner for the offences punishable under Section 279 and 304 -A IPC and sentencing him to undergo six months imprisonment and to pay fine of Rs. 3,000/ -. On 02.07.2007 the petitioner was driving bus bearing No. KA -14 -4512 and when the bus reached Dasappa circle in Mysore it dashed against one Bhavani, aged about 4 years and consequently she died. The accident was due to the high speed, rash and negligent driving of the bus by the petitioner. The jurisdictional police registered a case against the petitioner in crime No. 105/2007 for the offences punishable under Section 279 and 304 -A IPC. After investigation a charge sheet was filed in C.C. No. 2717/2007. After framing the charges the prosecution examined P.W. 1 to P.W. 11 and got marked Ex. P. 1 to Ex. P. 9. On appreciation of the oral and documentary evidence the trial Court held that the charge leveled against the petitioner as proved. Consequently the trial Court convicted the petitioner and sentenced him to undergo simple imprisonment for a term of six months for the offences punishable under Section 304 -A IPC and to pay fine of Rs. 2,000/ - and in default to pay the fine amount, to undergo further imprisonment for 15 days. For the offences punishable under Section 279 IPC, fine of Rs. 1,000/ - is levied and in default to pay the fine amount, to under go simple imprisonment for a term of 15 days. Aggrieved by this judgment of the trial Court the petitioner filed an appeal in Crl. A. No. 9/2010. The lower appellate Court on re -appreciation of the entire material on record passed the impugned judgment dismissing the appeal and confirming the judgment of the trial Court. Hence, this revision petition.

(2.) HEARD arguments on both the side and perused the entire petition papers.

(3.) ON the date of accident the petitioner was aged about 45 years, married and having children. The petitioner is the sole bread earner. Having regard to the facts and circumstances of this case I am of the considered opinion that the sentence of simple imprisonment for a term of six months appears to be on higher side and the same requires modification. In the ends of justice, keeping the facts and circumstances of this case, the petitioner is to be sentenced for a term of two months. For the reasons stated above, the following; ORDER