Judgement

NATARAJAN, J.:- The light hearted and casual manner of disposal of the case against the respondent in C.C. No. 442 of 1980 (P.R. No. 198/80) on the file of his court by the Additional Munsif-cum-Additional Judicial Magistrate (First Class) Madhugiri and the refusal of the High Court of Karnataka to enhance the sentence of the respondent in exercise of its powers under S. 377, Criminal P.C. in Criminal Appeal No. 451/81 preferred by the State has compelled the State of Karnataka to approach this Court under Art. 136 of the Constitution to file this Appeal by Special Leave.

2. The respondent has not entered appearance in spite of the Notices issued to him.

3. The respondent was charged under Ss. 279. 337 and 304-A. Penal Code and Ss. S9(a) and 89(b) of the Motor Vehicles Act for having driven a Express bus bearing Registration No. MYT 3066 in a rash and negligent manner at about 8.30 P.M. on 30-4-80 on the Madhugiri Hosakere Road and hitting a bullock cart as a result of which one of the persons travelling in the cart Rangappa alias Veeramallapa sustained fatal injuries and another passenger sustained simple injuries. After the accident the respondent failed to secure medical