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2007 Supreme(SC) 40

ARIJIT PASAYAT, S.H.KAPADIA
Rathnashalvan – Appellant
Versus
State of Karnataka – Respondent


JUDGMENT

Dr. Arijit Pasayat, J.—Leave granted.

2. Appellant calls in question legality of the judgment rendered by a learned Single Judge of the Karnataka High Court dismissing the criminal revision filed by the appellant questioning correctness of the judgment of learned Second Additional Civil Judge (Jr. Dn.) & JMFC, Hassan. The appellant was convicted for offences punishable under Section 304-A, 279 and 337 of the Indian Penal Code, 1860 (in short the ‘IPC’). He was sentenced to pay a fine of Rs. 700/- for the offence punishable under Section 279 IPC, Rs. 300/- for the offence punishable under Section 337 IPC and simple imprisonment for six months for the offence punishable under Section 304-A IPC. Default stipulations were provided in respect of the fines imposed. An appeal was preferred which was partially allowed by learned Additional Sessions Judge, Hassan. The conviction in terms of Section 279 ws set aside. However, in respect of Sections 337 and 304-A IPC the conviction was maintained along with the sentences imposed. In the revision petition filed before the High Court the primary stand was that there was no rash and negligence involved because the vehicle capsized because











































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