STATE OF KARNATAKA Vs. K FARID ALIAS FARISAHEB

JUDGEMENT

(1.) THIS appeal is by the state insofar as the inadequacy of sentence for the offence under Section 304-A, IPC imposed on the respondent-accused by the learned II Addl. Sessions Judge, Dharwad in Cri. A. No. 49/93, dated 15-10-1998 reducing the sentence to S. I. for one day and to pay a fine of Rs. 5. 000/- in default to undergo S. I. for five months by modifying the sentence of S. I. for one year and to pay a fine of Rs. 500/- in default to undergo S. I. for two months passed by the learned Prl. J. M. F. C. , Ranebennur in CC No. 18/91, dated 22-6-1993.

(2.) THE brief facts of the case are as follows : the accused K. Farid alias K. Farisaheb was charge sheeted for the offence under sections 279 and 304-A, IPC by the ranebennur police, alleging that on 5-10-1990 at about 10. 30 a. m. the accused being the driver of the truck bearing Registration No. ABC 6359 drove the said vehicle at a high speed in a rash and negligent manner from Ranebennur side towards Haveri on Poona-Bangalore Road and near hanumanamatti Petrol Bunk dashed against a boy viz. , Martandappa Guddappa baradura, aged about 12 years, who was standing on the left side of the road near the said Petrol Bunk as a result of which, the said boy succumbed to the injuries.

(3.) THE accused was secured, his plea was recorded for the offence under Sections 279 and 304-A, IPC. The accused pleaded not guilty and claimed to be tried. The prosecution in all examined P. Ws. 1 to 8, produced Exts. P. 1 to P. 7 and marked M. Os. 1 and 2. The statement of the accused was recorded under Section 313, Cr. P. C. The defence of the accused is one of total denial.