In cases of death caused by rash and negligent driving under Section 304A IPC, sentencing must prioritize deterrence, and courts are generally reluctant to show leniency or reduce sentences where the accused denies the incident entirely and fails to place mitigating circumstances on record.

THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W 401 CODE OF CRIMINAL PROCEDURE PRYING TO SET ASIDE THE JUDGMENT DATED 27.09.2016 IN CRL.A.NO.91/2015 PASSED BY PRL. S.J., D.K., MANGALORE PRODUCED HERETO AS ANNEXURE-A AND CONSEQUENTLY SET ASIDE JUDGMENT DATED 16.02.2015 PASSED IN C.C.No.1056/2013 ON THE FILE OF JMFC(III) COURT, MANGALORE, D.K., PRODUCED HERETO AS ANNEXURE-B.

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

CORAM: HON'BLE MR. JUSTICE V SRISHANANDA

ORAL ORDER

Heard Sri Ismail, learned counsel for the revision petitioner and Smt. Waheeda M.M., learned High Court Government Pleader for the respondent/State.

2. Accused who suffered an order of conviction for the offence punishable under Section 279 and 304(A) of Indian Penal Code in C.C.No.1056/2013, confirmed in Criminal Appeal No.91/2015 is the revision petitioner.

3. Facts in the nutshell which are utmost necessary for disposal of the present revision petition are as under:

3.1. In respect of a road traffic accident occurred on 15.09.2012, Traffic East Police Station, Kadri, Mangaluru registered a case in Crime No.136/2012, wherein the rider of two wheeler bearing registration No.K.A.01/EH-4669 lost his life on account of the rash and negligent driving of the driver of the Mini Lorry bearing registration No.K.A.20/6265.

3.2. The accident occurred near St. Agnes Circle in Kadri-Shubhag Junction, near MESCOM sub-station. Scooter was driven by Smt. Asha Lavina Shera from St.Agnes Circle towards Shivabhag Junction.

3.3. On account of the impact of the accident, she fell down and sustained injuries. She was shifted to Father Muller Hospital. But, despite best treatment, she succumbed to the injuries on the same day at about 05.15 p.m.

3.4. Police after thorough investigation filed charge sheet for the offences punishable under Section 279 and 304A of Indian Penal Code and under Section 3 (1) r/w Section 181 of Indian Motor Vehicle Act.

4. Learned Trial Magistrate after taking cognizance of the aforesaid offences, summoned the accused and recorded plea. Accused pleaded not guilty, therefore trial was held.

5. In order to bring home the guilt of the accused, prosecution proceeded to examine eight witnesses as P.Ws.1 to 8 and placed on record fifteen documentary evidence which were exhibited and marked as Exs.P1 to P15.

6. On conclusion of recording of prosecution evidence, accused statement as is contemplated under Section 313 Cr.P.C., was recorded wherein accused has denied all the incriminatory circumstances including the very incident where Asha Lavina Shera sustained injuries while shifting to the hospital.

7. Thereafter, learned Trial Magistrate heard the arguments of the parties and by considered judgment dated 16.02.2015 convicted the accused and sentenced as under:

“Exercising the power U/S 255(2) of Cr.P.C., the Accused is hereby convicted for the offences punishable U/S. 279, 304(A) of I.P.C. and U/S 3(1) R/W 181 of I.M.V. Act

Accused is sentenced to undergo simple imprisonment for a period of six months and fine of Rs.2000/- in default of payment of fine, he shall further undergo simple imprisonment for a period of one month for the offence punishable U/s 279 of I.P.C.

Further, the Accused shall undergo simple imprisonment for a period of six months and fine of Rs.2000/-, in default of payment of fine, he shall further undergo simple imprisonment for a period of one month for the offence punishable U/s 304(A) of I.P.C.

Further, the Accused shall undergo simple imprisonment for a period of 2 days and fine of Rs.1