State vs V. Gopala

A.S. Pachhapure, J.—This is an appeal seeking enhancement of sentence imposed on the respondent for the offence punishable under Sections 279 and 304A IPC. The facts reveal that on 18.04.2009 at about 3.20 p.m., respondent was driving the bus bearing registration No. KA20-A-8567 towards Kundapur in a high speed, rashly and in a negligent manner and without any indication, he stopped the bus abruptly by applying brakes. Raghava Achari (deceased) who was the rider of motor cycle bearing registration No. KA20-U-5712 came from the hind side of the bus and hit the same. Due to abrupt stopping of the bus, the rider fell down and sustained grievous injuries and died at the spot. In this regard, the investigation was taken up by PW 5 – Shivananda by registering the complaint for the offence under Sections 279 and 304A IPC and the spot mahazar (Ex. P2) was held in the presence of PWs. 2 and 3, the sketch (Ex. P3) was drawn, the inquest (Ex. P5) was held on the body of deceased, postmortem was held and the postmortem report (Ex. P4) was collected. The vehicles were examined and MV report (Ex. P8) was secured. On completion of investigation, charge-sheet was laid against the respondent for the said charges.

In the trial, the prosecution examined PWs. 1 to 6, got marked documents Exs. P1 to P10. Statement of the respondent was recorded u/s 313 Cr.P.C. No defence evidence was led. The Trial Court after hearing the counsel for parties and on appreciation of the material on record, convicted the respondent for the said charges and ordered him to undergo imprisonment for one month and to pay fine of Rs. 1,000/- for the offence u/s 304A IPC and fine was ordered for the offence u/s 279 IPC. Being dissatisfied by the sentence ordered, the State is in appeal.

I have heard learned High Court Government Pleader.

Perusal of the judgment and the reasons assigned by the Court below reveals that PWs. 1 to 3 are the eye witnesses to the incident. It is their consistent version that bus was proceeding towards Kundapur and at the place of accident, there was a Sabhabhavan by the side of road and at that place, bus driver was proceeding in a high speed and abruptly stopped the bus by applying brakes, the deceased was on the motor cycle behind the bus, due to abrupt stopping of the bus, the motor cyclist hit the bus and thereby fell down and he sustained grievous injuries and died on the spot. Perusal of the evidence of PWs. 1 to 3 clearly indicates that rider of the motor cycle (deceased) did not keep safe distance from the bus which was proceeding ahead. If he had kept safe distance, even if the bus was stopped abruptly, he could have stopped his motor cycle, therefore, there appears negligence on the part of motor cyclist himself. But anyhow, learned Magistrate has convicted the bus driver, the respondent herein and ordered him to undergo imprisonment for one month and to pay fine. In the circumstances, I do not find that the State has made out any grounds to enhance the sentence that has been ordered by the learned Magistrate.

In the result, the appeal fails and is accordingly dismissed.