K SUBRAMANIAN BANGALORE Vs. STATE

JUDGEMENT

(1.) THE petitioner, a driver by profession, was tried before III Metropolitan Magistrate, George Town, Chennai, for offences punishable under Secs. 304-A, Indian Penal Code and 184 of the Motor Vehicles Act, and the allegation against him is that at 10.30 a.m. on 22.8.2000, he drove a lorry bearing Registration No.KA-01-248 in a rash and negligent manner from north to south and ran it over Yellappan, who was walking on the left extremity of the road and thereby caused his death. After investigation was taken up, the crime came to be registered and later, after completion of the investigation, the final report was filed. THE petitioner appeared before the Court and pleaded guilty. THE learned Magistrate convicted and sentenced him to rigorous imprisonment for six months and directed him to pay a fine of Rs.3,000 with a default sentence of two months? rigorous imprisonment, under Sec. 304-A, Indian Penal Code. Under Sec. 184 of the Motor Vehicles Act, the petitioner was convicted and sentenced to pay a fine of Rs. 1,000 with a further direction that in default of payment of fine, he will undergo rigorous imprisonment for one month. THE petitioner preferred an appeal and contended before the appellate Court that the trial Magistrate was severe in punishing the petitioner and he ought to have been let off with a fine since Sec. 304-A, Indian Penal Code does not contemplate punishment of imprisonment and fine for the offence. THE appellate Court rejecting the argument, dismissed the appeal, Hence, the revision.

(2.) THE learned counsel for the petitioner submits that the sentence of imprisonment imposed upon the petitioner may be reduced and in lieu of reduction in the sentence of imprisonment, he can be asked to pay an additional fine amount, pleading that if the petitioner is sent to jail, he and his family members will be put to great hardship. I have heard the prosecution on the contention.