STATE OF KARNATAKA Vs. SHARANAPPA BASNAGOUDA AREGOUDAR
SUPREME COURT OF INDIA (FROM: KARNATAKA)
STATE OF KARNATAKA
SHARANAPPA BASNAGOUDA AREGOUDAR
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K. G. Balakrishnan, J. -
(2.)This appeal is preferred by the State of Karnataka against sentence imposed on the respondent on the ground of its inadequacy. The respondent was found guilty of offences punishable under Sections 279, 337, 338 and 304A of the Indian Penal Code. The trial Magistrate imposed a sentence of six months' imprisonment on the respondent for the offence punishable under Section 304A IPC. No separate sentence was awarded for offences punishable under Sections 279, 337 and 338 IPC. The respondent filed an appeal against his conviction and sentence, but the appellate Court declined to interfere therewith. The respondent thereafter filed a Revision before the High Court and by the impugned judgment the learned single Judge confirmed the conviction of the respondent on the three counts, but as regards the offence punishable under Section 304A, the sentence was reduced to payment of a fine of Rs. 5,000/- and in default thereof, the respondent was to undergo simple imprisonment for three months. The learned Judge had chosen to impose a sentence for the offence under Section 337 IPC with a fine of Rs. 500/-, in default to simple imprisonment for 15 days; and for the offence under Section 338 IPC with a fine of Rs. 550/-, in default to simple imprisonment for 15 days. No separate sentence was awarded for the offence punishable under Section 279 IPC.
(3.)We heard learned counsel on both sides. Learned counsel for the appellant-State contended that this is a case where the respondent was found guilty of rash and negligent driving which resulted in the death of four persons and injury to one person. The learned single Judge, it was submitted, was unduly lenient by awarding a light sentence to the respondent. It was submitted that this has caused a serious miscarriage of justice and, therefore the impugned judgment be altered by awarding appropriate sentence on the respondent.
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