JUDGMENT

Kumar Rajaratnam, J. – The State being aggrieved by the Judgment in C.C. No. 199/1995 dtd. 6-2-1996 on the file of the J.M.F.C. (III) Court, Mangalore, has preferred this criminal appeal for enhancement of sentence.

2. This is the case where the Trial Court has convicted the accused under section 304-A I.P.C. and has sentenced the accused till rising of the Court and to pay a fine of Rs. 5,000/-, in default to undergo S.I. for six months. The State has challenged the sentence relying on a judgment of Supreme Court reported in State of Karnataka v. Krishna @ Raju1. The Supreme Court in that judgment has found fault in Court's rendering flea bite sentence. The Supreme Court found that the conduct of the accused in that case was reprehensible where the accused failed to' secure the medical assistance to the injured person and also failed to report the accident to the police authorities. In the words of the Supreme Court: 'Here was a case where the respondent had not only driven his bus in a reckless manner and caused the death of one person and injuries to another but he had also attempted to escape prosecution by failing to report the accident to the police authorities'. The