The court modified the sentence of imprisonment for accidental death conviction while maintaining the conviction, emphasizing the evidentiary burden on the accused.

CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER (PER: HON'BLE MR. JUSTICE V SRISHANANDA)

Heard Sri Gurubasava C. Nayak, learned counsel for the petitioner and Sri Jamadar Shahabuddin, learned High Court Government Pleader for the respondent/State.

2. The revision petitioner is the accused, who suffered an order of conviction for the offences punishable under Sections 279 and 304A of IPC and Section 187 of IMV Act.

3. The facts in the nutshell for disposal of the revision petition are as under:

Upon the complaint lodged by Sri Md. Jameer, Humnabad Traffic Police registered a case in Crime No.27/2016 on 27.02.2016 initially for the offences under Sections 279 and 338 of IPC read with Section 187 of IMV Act.

4. Gist of the complaint averments would reveal that on 27.02.2016 in the morning hours, as usual, the son of the complainant left the home to reach Basavakalyan. To drop him at the bus stop, the younger son of the complainant, Md. Mujafar took his two wheeler bearing No.KA-39/J-8199. After they left for bus station on the two wheeler, complainant was proceeding towards his mechanic shop.

5. At about 07.30 a.m. when he was near Junior College on Kallur road, his younger son Md. Mujafar was proceeding towards his house on a motorcycle. At that juncture, a lorry bearing No.AP-24/X-1817 came from the wrong side and dashed against the motorcycle ridden by his younger son Md.Mujafar. As such, he fell down and sustained injuries on the leg and the head. Immediately, complainant and his friend Abdul Hafeez shifted the Md. Mujafar to Humanabad Government Hospital.

6. Based on the complaint, police registered the case as aforesaid and proceeded to investigate the matter. Later on, his son Md. Mujafar died on account of the accidental injuries and he died in Narmada Hospital, Solapur, the offence under Section 304A of IPC was thus invoked by the police and after thorough investigation, charge sheet came to be filed.

7. The presence of the accused was secured and after due trial, accused was convicted for the aforesaid offences and he was ordered to undergo simple imprisonment for one year for the offence under Section 304A of IPC and simple imprisonment for six months for the offence under Section 279 of IPC and imposed fine of Rs.5,000/- and Rs.1,000/- for the aforesaid expenses respectively. For the offence under Section 187 of IMV, fine of Rs.1,000/- was imposed by the Trial Magistrate.

8. Being aggrieved by the same, accused filed an appeal in Criminal Appeal No.31/2018. Learned Judge in the First Appellate Court after securing the records, heard the arguments of both sides and by judgment dated 26.08.2020, dismissed the Appeal of the accused and confirmed the order of conviction and sentence.

9. Being further aggrieved by the same, accused is before this Court.

10. Sri Gurubasava C. Nayak, learned counsel for the revision petitioner reiterating the grounds urged in the revision petition contended that both the Courts have not properly appreciated the material evidence on record and wrongly convicted the accused and sought for allowing the revision.

11. He would also contend that in the event this Court upholding the order of conviction, the Court may consider enhancing the fine amount and set aside the imprisonment.

12. Per contra, Sri Jamadar Shahabuddin, learned High Court Government Pleader supports the impugned judgment.

13. He would further contend that in the case on hand, the complainant is none other than the father of the deceased, who had witnessed the accident and also neighbor of the complainant had witnessed the accident and they have shifted the injured to the Humnabad Government Hospita