The court affirmed the conviction for negligent driving but modified the penalty to imprisonment till rising of the Court and a fine of Rs. 1,31,000, emphasizing the absence of contributory negligence.

ORDER :

Leave granted.

2. The appellant was convicted by the 3rd Additional Civil Judge & Judicial Magistrate, First Class, Channarayapatna, District Hassan under Sections 279 and 304A of the INDIAN PENAL CODE , 1860 (IPC) and imposed a sentence of simple imprisonment for two months and eight months respectively and a fine of Rs.1,000/- & Rs.5,000/- with default sentence of 15 days and 2 months respectively. The 4th Additional District and Sessions Judge, Hassan District confirmed the same. In the revision, the High Court of Karnataka enhanced the fine under Section 304A of the IPC from Rs.5,000/- (Rupees Five Thousand) to Rs. 30,000/- (Rupees Thirty Thousand) and reduced by simple imprisonment from 8 months to 4 months and in default simple imprisonment for 2 months. The sentence under Section 279 was modified to only Rs. 1000/- fine and in default to undergo 15 days imprisonment. Hence, as of now the appellant has been sentenced with four months of S.I. and ordered to pay a total fine of Rs.31,000/- with default sentence as afore stated.

3. The learned counsel for the appellant argued that the High Court, despite having found contributory negligence, has convicted the appellant under Section 304A of the IPC without due cause. Specific reference is made to paragraph 29 of the impugned judgment.

4. PW-1 who was the father of the deceased, along with the deceased was engaged in the changing of the punctured tyre of the vehicle in which they were travelling. PW-1 had also stated in cross- examination that while changing the punctured right hind tyre of the vehicle, the lorry coming in the same direction, driven by the appellant, dashed on the car, killing the son of PW-1 instantaneously. It was also deposed that while parking the Tata Sumo, indicators were put on and there were also stones and tree branches placed on the back side of the vehicle to caution the vehicles coming in that direction. The photograph produced before the trial court has been produced as Annexure P-4 from which it was noticed by the High Court that the parking lights were put on and there was a clear indication of a parked vehicle. But, there were no stones or branches of a tree on the back side of the vehicle.

5. Though we cannot find any contributory negligence, we are of the opinion, in the total facts and circumstances of the case, the punishment can be converted to one of imprisonment till the rising of the Court with a total fine of Rs.1,31,000/- (Rupees One Lakh Thirty One Thousand).

6. On modification of such sentence, we make the following directions for the appellant to be complied with.

I. The appellant shall appear before the Court of the Junior Magistrate, First Class, Channarayapatna on any day after 15th January 2026 and before 30th January 2026.

II. The appellant shall on appearance deposit the fine amount of Rs.1,31,000/- (Rupees One Lakh Thirty One Thousand), upon which the trial court shall ensure that the sentence of imprisonment till rising of the court is adhered to.

7. There shall be further directions to the learned Magistrate as hereunder:

i. On such fine amount being deposited and the sentence carried out, the appellant/accused shall be released, if not wanted in any other case and his bail bonds in this case shall stand cancelled.

ii. The learned Magistrate shall then, through the Secretary of the District Legal Services Authority trace out PW-1 or any legal heir of the deceased and the fine amounts shall be handed over to the father or the legal heir of the deceased. The Secretary of the District Legal Services Authority shall be entitled to take assistance of the Station House Officer having juri