High Court allowed criminal revision petition partly, confirmed conviction for rash and negligent driving causing death, set aside imprisonment sentence, and awarded fine as compensation to victim and State Exchequer.
Conviction confirmed; imprisonment set aside; fine of Rs.75,000 awarded to victim father and State Exchequer.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL REVISION PETITION NO. 202 OF 2016
BETWEEN:
SMT. LENNY MENEZES, AGED 75 YEARS, W/O LATE S.J.MENEZES, R/O WHITE HOUSE, NEAR MAIDANA, KADRI TEMPLE ROAD, KADRI, MANGALURU - 575 002.
…PETITIONER
(BY SRI.P.P.HEGDE, SENIOR COUNSEL FOR SRI.VENKATESH SOMAREDDI, ADVOCATE)
AND:
Digitally signed by R HEMALATHA Location: HIGH COURT OF KARNATAKA
THE STATE OF KARNATAKA - THROUGH THE POLICE CIRCLE INSPECTOR OF POLICE, TRAFFIC CIRCLE, MANGALURU. REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU – 01.
…RESPONDENT (BY SRI. VINAY MAHADEVAIAH, HCGP)
THIS CRL.RP IS FILED U/S.397 R/W 401 OF CR.P.C., PRAYING TO SET ASIDE THE JUDGMENT OF CONVICTION
DATED 01.10.2008 PASSED IN C.C.NO.6388/2004 BY THE JMFC (III COURT), MANGALURU AND ALSO THE JUDGMENT DATED 10.12.2015 PASSED BY THE II ADDL. DIST. AND S.J., D.K., MANGALORE IN CRL.A.NO.335/2008 AND ACQUIT THE PETR. HEREIN IN C.C.NO.6388/2004 ON THE FILE OF THE JMFC (III COURT), MANGALURU.
THIS PETITION, COMING ON FOR HEARING, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
The petitioner/accused who is convicted for the offence punishable under Section 279 and 304-A of IPC and Section 15(a) read with Section 180 of the Motor Vehicle Act, 1988 is before this Court.
offences, and sentenced her to undergo simple imprisonment for a period of three months and pay fine of Rs.1,000/- for the offence under Section 279 of IPC and to undergo simple imprisonment for a period of one year and pay fine of Rs.1,000/- for the offence under Section 304 of IPC, which was confirmed by the learned Sessions Judge. Against which, the present revision petition is filed.
NC: 2024:KHC:13629 CRL.RP No. 202 of 2016
that the accident occurred solely on account of rash and negligent driving by the petitioner/accused.
ORDER
i. Criminal Revision Petition is allowed-in-part. ii. The judgment of conviction and order of sentence dated 01.10.2008 passed by the JMFC-III Court, Mangalore, Dakshina Kannada in C.C.No.6388/2004 confirmed by the II Addl. District and Sessions Judge, Dakshina Kannada, Mangaluru in Crl.A.No.335/2008 vide judgment dated 10.12.2015 is modified as follows:
a. The judgment of convicting the petitioner/accused for the offence punishable under Sections 279 and 304-A of IPC and Section 15(a) read with Section 180 of the Motor Vehicles Act is confirmed. b. The order of sentence dated 01.10.2008
passed in C.C.No.6388/2004 by the the JMFC-III Court, Mangalore, Dakshina Kannada sentencing the petitioner/accused to undergo simple imprisonment for a period of three months for the offence punishable under Section 279 of IPC and simple imprisonment for period of one year for the offence punishable under Section 304-A is hereby set aside.
c. The petitioner/accused is sentenced to pay a fine amount of Rs.75,000/- within a period of two months from the date of receipt of certified copy of this order. Failing which, the petitioner/accused shall undergo simple imprisonment for a period of three months.
d. Out of the fine amount of Rs.75,000/-, an amount of Rs.70,000/to be paid to the victim-P.W.4/father of the deceased and balance amount of Rs.5,000/- to be released in favour of the State Exchequer.
Sd/JUDGE
RKA
List No.: 1 Sl No.: 11
3 issues framed by the court
Whether to modify the sentence of the convicted petitioner who is an elderly woman.
Whether to impose imprisonment or compensation on an elderly accused in fatal rash and negligent driving cases.
The appropriate disposition of the conviction and sentence under Sections 279 and 304-A IPC.
Colour shows how this judgement treated each authority
Supreme Court judgmentRelied on¶32
Crl.A.No.2719/2023
3 provisions across 3 enactments
SMT. LENNY MENEZES
THE STATE OF KARNATAKA
HEMANT CHANDANGOUDAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
