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2008 Supreme(SC) 1823

MARKANDEY KATJU, ALTAMAS KABIR
Puttaswamy – Appellant
Versus
State of Karnataka – Respondent


JUDGMENT: ALTAMAS KABIR,J.

1. Leave granted.

2. The appellant in this appeal was convicted for an offence punishable under Sections 279 and 304-A of the Indian Penal Code for causing the death of a seven year old girl on account of his rash and negligent driving of his tractor. The appeal from the said order and conviction and sentence having been dismissed by the learned Sessions Judge, the appellant moved in revision before the High Court. In revision, the Karnataka High Court, while confirming the conviction, set aside the sentence in respect of the offence punishable under Section 279 of the Indian Penal Code but maintained the conviction and sentence in respect of the offence under Section 304-A of the Indian Penal Code, whereby the appellant was sentenced to undergo simple imprisonment for 6 months and to pay a fine of Rs.2,000/-, and in default of such payment, to undergo further simple imprisonment for three months and also to pay a fine of Rs.600/- for the offence punishable under Section 279 I.P.C. and in default of such payment to undergo simple imprisonment for a month.

3. In this appeal the appellant has challenged the order of conviction and sentence passed by the Add








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