D. SOMASHEKHAR Vs. STATE

JUDGEMENT

(1.) THE learned Counsel for the petitioner has retired from the case. Hence, the papers are perused. Heard the learned Government Pleader.

(2.) THE petitioner is before this court having been convicted for offences under Sections 304A and 279 of the Indian Penal Code, 1860 (Hereinafter referred to as the 'IPC, for brevity).

(3.) CONSEQUENTLY , if the case cannot be sustained for an offence punishable under Section 279 IPC, an offence punishable under Section 304A, IPC would get diluted. However, keeping in view that there has been a death that has occasioned, though not entirely for the fault of the petitioner, interest of justice would require that the widow of the deceased atleast receive some solace by way of compensation. For the trial court has awarded a nominal amount as compensation, it would be in the interest of justice if the petitioner has been imposed a large amount of fine. The conviction under Section 304A, IPC, affirmed by the appellate court, is modified to hold that he shall be liable to pay fine of Rs. 25,000/ - including the fine imposed by the trial court and affirmed by the appellate court in a sum of Rs. 5,000/ -, thereby entitling to an additional sum of Rs. 20,000/ -. The punishment of imprisonment is eschewed. The petitioner shall deposit the fine amount within a period of eight weeks, in default of which, he shall suffer simple imprisonment for three months.