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2008 Supreme(SC) 1038

C.K.THAKKER, D.K.JAIN
MANISH JALAN – Appellant
Versus
STATE OF KARNATAKA – Respondent


JUDGMENT (D.K. JAIN, J.:)

1. Leave granted.

2. The sole appellant stands convicted under Section 279 of the Indian Penal Code, 1860 (for short `IPC) for the offence of driving on public way so rashly or negligently as to endanger human life and also under Section 304A, IPC for causing death by rash or negligent act, not amounting to culpable homicide.

3. The Trial Court sentenced him to undergo simple imprisonment for one year and to pay fine of Rs.5000/- for both the offences and in default to undergo simple imprisonment for two months. On appeal to the High Court, vide its judgment dated 10th November, 2006 in Criminal Revision Petition No.159 of 2005, the High Court of Karnataka at Bangalore has maintained the conviction but has reduced the sentence to simple imprisonment for one year and a fine of Rs.5000/- for the offence under Section 279, IPC and simple imprisonment for six months and fine of Rs.5000/- for offence under Section 304A, IPC. This judgment of the High Court is under challenge in this appeal by special leave.

4. Since learned senior counsel for the appellant has not seriously questioned the correctness of the conviction and has confined his arguments to the quant




























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