STATE OF KARNATAKA Vs. EMBICHI AHMED

JUDGEMENT

(1.) the charge against the accused-respondent before the court of the j.m.f.c. at maddur was that on 18-6-1981, at about 7-45 p.m., he being the driver of lorry No. Klz 8134, drove in a rash and negligent manner and hit against a passenger bus as a result of which injuries were sustained, both simple and grievous, to as many as 12 passengers and a lady by name shanthamma, who was also travelling in the same bus bearing No. Mds 9313, died on account of injuries sustained by her. The charges against him were under sections 279,337,338 and 304-a of the Indian Penal Code. Charge-sheet was filed before the trial court on 23-2-1982 after the accused appeared in the court. Trial could not commence immediately and the plea was actually recorded on 1-3-1985. The accused pleaded guilty and accepting the plea of guilt he was convicted for the offences and sentenced to pay fine of Rs. 250/- on each count with default sentence. 'The total amount of fine thus imposed came to Rs. 1,000/-. The state has sought enhancement of the sentence approaching this court under Section 377 of the Code of Criminal Procedure.

(2.) it is urged by the appellant-state that the sentence awarded is very lenient and it does not meet the ends of justice. The trial court has taken a very lenient view in sentencing the accused who had driven the lorry in a rash and negligent manner resulting in the death of one person and causing injuries to many inmates of the bus. The trial court ought to have taken a serious note of the offence committed by the respondent and ought to have imposed what it calls "stringent" punishment.

(3.) during arguments, the learned additional state public prosecutor urged that imposition of fine of Rs. 250/-, even for the offence under Section 304-a IPC is too lenient to be considered as adequate. Eventhough discretion is given to the trial magistrate in the matter of sentence and eventhough substantive sentence of imprisonment is not mandatory, the trial court has not considered the gravity of the offence. The decision of the Supreme Court in the case of the State of Karnataka v Krishna, AIR 1987 SC 861, in which the facts were analogous to the facts of this case has been cited before us. The Supreme Court has observed that it is necessary to comprehend that the respondent in that case had been let off with a total fine of Rs. 345/- as conviction fine on charges relating to the death of one person and sustaining of injuries by another due to his rash and negligent driving besides his failure to secure medical assistance to the victims as well as his failure to make a report to the authorities after the accident. The Supreme Court so observing found that sentencing the accused therein to rigorous imprisonment for six months and to pay a fine of Rs. 1,000/- for the offence under Section 304-a IPC could be adequate and allowed the state appeal sentencing accordingly, maintaining the fine imposed on other counts.