Sri. Shivanna vs State of Karnataka

H.N. Nagamohan Das, J.—This revision petition is directed against the judgment dated 26.12.2009 in C.C. No. 2717/2007 passed by the Court of JMFC at Mysore and confirmed by the judgment dated 15.06.2010 in Crl. A. No. 9/2010 passed by the II Additional Sessions Judge, Mysore, convicting the petitioner for the offences punishable u/s 279 and 304-A IPC and sentencing him to undergo six months imprisonment and to pay fine of Rs. 3,000/-. On 02.07.2007 the petitioner was driving bus bearing No. KA-14-4512 and when the bus reached Dasappa circle in Mysore it dashed against one Bhavani, aged about 4 years and consequently she died. The accident was due to the high speed, rash and negligent driving of the bus by the petitioner. The jurisdictional police registered a case against the petitioner in crime No. 105/2007 for the offences punishable u/s 279 and 304-A IPC. After investigation a charge sheet was filed in C.C. No. 2717/2007. After framing the charges the prosecution examined P.W. 1 to P.W. 11 and got marked Ex. P. 1 to Ex. P. 9. On appreciation of the oral and documentary evidence the trial Court held that the charge leveled against the petitioner as proved. Consequently the trial Court convicted the petitioner and sentenced him to undergo simple imprisonment for a term of six months for the offences punishable u/s 304-A IPC and to pay fine of Rs. 2,000/- and in default to pay the fine amount, to undergo further imprisonment for 15 days. For the offences punishable u/s 279 IPC, fine of Rs. 1,000/- is levied and in default to pay the fine amount, to under go simple imprisonment for a term of 15 days. Aggrieved by this judgment of the trial Court the petitioner filed an appeal in Crl. A. No. 9/2010. The lower appellate Court on re-appreciation of the entire material on record passed the impugned judgment dismissing the appeal and confirming the judgment of the trial Court. Hence, this revision petition.

Heard arguments on both the side and perused the entire petition papers.

It is not in dispute that on 02.07.2007 the petitioner was driving the bus bearing No. KA-14-4512. Further the petitioner has not denied the accident. According to the prosecution the accident was caused on account of rash and negligent driving of the bus by the petitioner. This version of the prosecution is proved and established by examining as many as 11 witnesses. Among them P.W. 1, P.W. 2, P.W. 6 and P.W. 7 are the eye witnesses. Nothing is elicited in the cross-examination of these witnesses. On the other hand a curious defence is taken by the petitioner in the cross-examination of these witnesses stating that the minor child Bhavani died on account of stampede. On appreciation of the postmortem report both the Courts below held that the minor child Bhavani died not on account of stampede but on account of injuries sustained in the accident. This theory advanced by the petitioner will not stand to the ground. This concurrent finding of both the Courts below is in accordance with law and the same do not call for interference.

On the date of accident the petitioner was aged about 45 years, married and having children. The petitioner is the sole bread earner. Having regard to the facts and circumstances of this case I am of the considered opinion that the sentence of simple imprisonment for a term of six months appears to be on higher side and the same requires modification. In the ends of justice, keeping the facts and circumstances of this case, the petitioner is to be sentenced for a term of two months. For the reasons stated above, the following;

ORDER

i. Petition is allowed in part.

ii. The impugned judgment dated 26.12.2009 in C.C. No. 2717/2007 and confirmed by the judgment dated 15.06.2010 in Crl. A. No. 9/2010 passed by the II Additional Sessions Judge, Mysore, convicting the petitioner for the offences punishable u/s 279 and 304-A IPC are hereby confirmed.

iii. The sentence passed by both the Courts below are hereby modified directing the petitioner to pay fine of Rs. 1,000/- for the offences punishable u/s 279 IPC and to undergo simple imprisonment for a term of two months and to pay fine of Rs. 2,000/- for the offences punishable u/s 304-A IPC. In default to pay the fine amount, the petitioner to undergo 15 days further simple imprisonment.