Assailing the judgment dated 08th April, 2022, passed by the High Court confirming the conviction of the appellant for the charge under Section 304A of the Indian Penal Code, 1860 (hereinafter referred to as ‘IPC’ for brevity) and directing to undergo sentence of six months with amount of fine of Rs.5000/and in default, to undergo two months simple imprisonment, the appellant is before us. The appellant was granted exemption from surrendering vide this Court’s order dated 29.07.2022.
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Family of the deceased after receiving the compensation requested court to take lenient view for appellant
In view of the aforesaid, it is clear that the family of the deceased, after receiving a sum of Rs. 2,00,000/ (Rupees Two Lakhs) towards compensation requested the Court to take a lenient view in favour of the appellant who is said to be a person of good conduct. It is also stated that by such an act, the soul of the deceased would feel happy.
Awarding sentence under section 304 A IPC is not mandatory
We have gone through the provisions of Section 304A IPC whereby the award of sentence is not mandatory. In the present case, appellant has paid a sum of Rs. 2,00,000/. However, considering the willingness of the family of the deceased, we reduce the sentence to the sentence already undergone and to the payment of compensation as recorded hereinabove.
Accordingly, the appeal filed by the appellant stands allowed in part; while maintaining his conviction under Section 304A IPC, the sentence is reduced as directed hereinabove, modifying the impugned judgment.
Party
HANUMANTHAPPA Appellant(s) VERSUS THE STATE OF KARNATAKA Respondent(s) – CRIMINAL APPEAL NO. 1194 OF 2023 – May 16, 2024.
