ORDER :

1. The present petitioner was tried by the Court of the Civil Judge (Jr. Dn.) and J.M.F.C. at Devanahalli (hereinafter for brevity referred to as “the Trial Court”) in C.C. No. 87/2008 for the offence punishable under Sections 279, 338 and 304A of the Indian Penal Code 1860 (hereinafter for brevity referred to as “the IPC”) and was convicted for all the three alleged offences and was sentenced accordingly by its judgment of conviction and order on sentence dated 29-08-2009.

Challenging the same, the accused preferred an appeal in Criminal Appeal No. 61/2009 before the Court of the Fast Track Judge, Devanahalli, (hereinafter for brevity referred to as “the Sessions Judge's Court”) which also, after hearing both side, by its judgment dated 22-09-2010, while confirming the conviction for all the three alleged offences as held by the Trial Court, set aside the order of sentence ordered for the offence punishable under Section 279 of the IPC observing that, since the accused (petitioner herein) was convicted and sentenced for the offences punishable under Sections 338 and 304A of the IPC, no separate sentence is required to be ordered for the offence punishable under Section 279 o