Judgment

HEGDE, J.

( 1 ) THIS appeal by special leave is directed against the decision of the High court of Judicature at Bombay in criminal review application No. 763/64 in its file. Therein the High Court not only confirmed the conviction of the appellant by the addl. chief presidency magistrate, third court, bombay under sections 304-A and 337 indian Penal Code, but enhanced the sentence of fine of Rs. 2,000 imposed on him under section 304-A to six months simple imprisonment and a fine of Rs. 200. 00.

( 2 ) BEFORE the learned presidency magistrate, the appellant was tried under two charges viz. under section 304-A Indian penal Code for causing the death of Kumari kunda Atmaram Naik by rashly and negligently driving his car in the Netaji Subhash road at about 5. 30 p. m. on February 15, 1964 and under section 337 Indian Penal code for causing hurt to Kumari Vidya atmaram Naik by that very act. The learned magistrate found him guilty under both the charges. Under section 304-A, indian Penal Code, he sentenced him to pay a fine of Rs. 2,000, in default to suffer six months rigorous imprisonment. Under section 337 Indian Penal Code he sentenced him to pay a fine of Rs. 200. 00, in de