N.A Britto, J.- The applicant herein is the brother of the deceased who died in an accident on 7.3.2004, and seeks enhancement of sentence imposed upon the accused.

2. The accident had taken place between the motorcycle driven by his said brother and a KTC bus, a public service vehicle, driven by the accused. The accident took place on Zuari bridge in the process of the accused overtaking the said motorcycle of the deceased. The learned trial Court convicted and sentenced the accused under Section 279, IPC to undergo SI for period of fifteen days and to pay a fine of Rs.1000/-. in default to undergo SI of one month. The learned trial Court also convicted and sentenced the accused under Section 304-A, IPC to undergo SI for three months and to pay a fine of Rs. 5000/-. in default to undergo SI of three months. The said judgment has attained finality as no appeal was filed therefrom.

3. Shri J. Godinho, learned counsel appearing on behalf of the applicant has submitted that the sentence imposed by the learned trial Court against the accused is grossly inadequate and it ought to have been the sentence provided by law i.e. two years under Section 304-A. Therefore, it should have bee