P.C. Borooah, J. - (1.) This Rule was obtained by the State for enhancement of the sentence imposed on the accused opposite party No. 1, Darshan Mahato, by Sri B. Chaklanobis, Presidency Magistrate, Fifth Court, Calcutta, on March 20, 1972, accepting his plea of guilty on charges under Ss. 279 and 338 of the Indian Penal Code and sentencing him to pay a fine of Rs. 200, in default to suffer rigorous imprisonment for one month for the offence under Sec. 338 of the Indian Penal Code, no further penalty having been imposed under the other section, A sum of Rs. 150 out of the fine, if realised, was ordered to be paid to the opposite party No. 2, Ashutosh Gupta, who was injured in the accident.
(2.) Mr. Promod Ranjan Roy, learned Junior Government Advocate appearing on behalf of the State, has submitted that the accused drove the taxi in question very rashly and negligently and hit a motor cycle causing grievous injuries to the rider of the said motor cycle, namely, the opposite party No. 2 and causing him to be hospitalised for over six weeks.
(3.) Mr. Roy's contention is that the offences with which the accused opposite party was charged and to which he had pleaded guilty are serious in nature and the punishment imposed by the learned Magistrate is wholly inadequate and not commensurate with the offences charged.;