STATE OF KARNATAKA Vs. MALLAPPA SHIDLINGAPPA

JUDGEMENT

(1.) In this appeal by the State it is prayed that the sentences imposed on the respondent (hereinafter referred to as the accused) bv the J.M.F.C., Bailhongal, in C.C. No. 5/78, on accepting the plea of guilt given by the accused in the said case, be enhanced, as sentences of nominal amounts of fine have been imposed on him.

(2.) The prosecution alleged that the accused had driven the tractor bearing registration No.MEL 4756-57 at about 12 midnight between 6/7-11-1977 rashly and negligently near Yeragatti cross on Yeragatti Gokak road and while so driving caused injuries to five persons and death of one Makthum Sab and as such he had committed the offences punishable under Sections 279, 337 and 304 A of the Indian Penal Code and also under Sections 89 and 116 of the Motor Vehicles Act.

(3.) The accused pleaded guilty when the substance of the accusation was read over to him, as the Magistrate tried the case as summons case. The substance of the accusation as put to the accused and the plea given by him to each one of the counts is as follows :- At the end of every question the Magistrate has asked as to why he (accused) should not be sentenced. The Magistrate has not asked whether he pleads guilty or has any defence to make. Section 251 Cr.P.C., 1973 reads as follows :-