In cases of death due to rash and negligent driving under Section 304A IPC, sentencing policy must prioritize deterrence over leniency. The court reaffirmed that such offenders should not escape jail sentences, and the High Court possesses limited revisional jurisdiction to interfere with concurrent findings of fact.

THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W 401 CODE OF CRIMINAL PROCEDURE PRAYING TO SETTING ASIDE IN CRL.A.NO.25/2018, DATED 26.07.2018, PASSED BY THE PRINCIPAL SESSIONS JUDGE, D.K., MANGALORE, REJECTING THE APPEAL OF THE PETITIONER HEREIN, WHICH WAS FILED CHALLENGING THE ORDER PASSED BY THE LEARNED JMFC II COURT AT MANGALORE, IN C.C.NO.789/2015, ON 27.02.2018, WHICH WAS ENDED IN CONVICTION OF THE PETITIONER FOR THE OFFENCES PUNISHABLE UNDER SECTION 279 AND 304A OF INDIAN PENAL CODE.

THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE V SRISHANANDA

ORAL ORDER

Heard Sri Vinod Prasad, learned counsel for the revision petitioner and Sri K.Nageshwarappa, learned High Court Government Pleader.

2. The revision petitioner is the accused, who suffered an order of conviction for the offence punishable under Sections 279 and 304A of the Indian Penal Code in C.C No.789/2015 dated 27.02.2018 on the file of the JMFC (II COURT), Mangaluru, C/C, and sentenced as under:

“Acting under Section 255(2) of Cr.P.C the accused person is hereby convicted for the offences alleged against him punishable under Section 279 and 304(A) of IPC.

The accused person is sentenced to undergo simple imprisonment for a period of two months with fine of Rs.1,000/- (Rupees one thousand only) and in default of payment of fine, he shall undergo one month simple imprisonment for the offence punishable under Section 279 of IPC.

The accused person is sentenced to undergo simple imprisonment for a period of One year with fine of Rs.2,000/- (Rupees two thousand only) and in default of payment of fine, he shall undergo three months simple imprisonment for the offence punishable under Section 304(A) of IPC.”

3. The order of conviction and sentence was subject matter of appeal filed by the accused in Criminal Appeal No.25/2018 which came to be dismissed on merits by a considered judgment dated 26.07.2018 on the file of the Principal Sessions Judge, Dakshina Kannada, Mangaluru.

4. Thereafter, accused is before this Court in this revision petition.

5. Facts which are utmost necessary for disposal of the present petition are as under:

In respect of a road traffic accident that occurred on 24.10.2014, at about 11.15 a.m. within the jurisdiction of Bajpe Police Station, involving a car bearing registration No.KA-19/MC-3502, a complaint came to be lodged by contending that car was moving from Bajpe towards Kateelu in a rash and negligent manner and hit a pedestrian by name Anil Nazarath, due to which pedestrian fell down and sustained injuries and succumbed to the injuries on the way to the hospital.

6. PW-1/Sri Ignatius D’Souza having seen the accident, set the criminal law into motion, who is no way related to the deceased nor nurtured any enmity against the revision petitioner.

7. Police, after registering the case, thoroughly investigated the matter and filed the charge sheet.

8. Learned Trial Magistrate secured the presence of the accused after taking cognizance of the aforesaid offences and recorded the plea. Accused pleaded not guilty. Therefore, trial was held.

9. In order to bring home the guilt of the accused, prosecution proceeded to examine fifteen witnesses as PWs-1 to 15. Sixteen documentary evidence were placed on record which were exhibited and marked as Exhibits P-1 to P-16.

10. On conclusion of recording of evidence, learned Trial Magistrate culled out the incriminatory circ