KARNATAKA HIGH COURT
M G UMA, J
GOUSEMIYAN S/O LADLE PATEL – Appellant
Versus
THE STATE OF KARNATAKA – Respondent
| Table of Content |
|---|
| 1. accused was involved in a fatal accident due to negligent driving. (Para 4 , 5) |
| 2. counsel argues for leniency based on the passage of time and the accused's age. (Para 6 , 8) |
| 3. the court clarifies separate punishments for merged offences are not justified. (Para 9) |
| 4. sentence modification is appropriate considering circumstances of the case. (Para 10) |
CORAM: HON'BLE MRS JUSTICE M G UMA ORAL ORDER (PER: HON'BLE MRS JUSTICE M G UMA)
The petitioner being the accused in C.C.No.28/2010 on the file of the learned JMFC, Chittapur [for short, ‘the Trial Court’] is impugning the judgment of conviction and order of sentence dated 14.01.2020 convicting him for the offences punishable under Sections 279 , 304A of the Indian Penal Code, 1860 [for short, ‘the IPC ’] and under Sections 181 and 187 of the Motor Vehicles Act, 1988 [for short, ‘the M.V. Act’], and sentencing to undergo simple imprisonment for a period of six months and to pay fine of Rs.1,000/- for the offence punishable under Section 279 of IPC ; to undergo simple imprisonment for a period of two years and to pay fine of Rs.5,000/- for the offence punishable under Section 304A of IPC ; to pay fine of Rs.500/- for t
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