(Deepak Gupta and Aniruddha Bose, JJ.)
Annapoorna _____________________________________ Appellant;
v.
State of Karnataka ________________________________ Respondent.
Criminal Appeal No. 214 of 2020 (Arising out of S.L.P. (Crl.) No. 8828 of 2019), decided on February 3, 2020
The Order of the court was delivered by
Order
1. Leave granted.
2. This Appeal by the appellant is directed against the order of the High Court whereby her conviction under Sections 229, 279, 304A and 146 read with Sec. 196 of the IPC has been upheld by the High Court under Motor Vehicles Act, 1988.
3. The prosecution case is that the appellant was driving a car rashly and negligently and hit the motor cycle in front of her from behind resulting in injuries to the wife of the PW.1 (husband of the deceased) who died as a result of the injuries sustained. The occurrence is of 9.4.2006, about 14 years have elapsed. We are also taking note that it is an admitted fact that the appellant herself took the injured person to the hospital but unfortunately she expired. Keeping in view this fact, we feel that while upholding the conviction of the appellant we can modify the sentence by not imposing any substantive sentence upon her.
4. However, we direct the Appellant to pay 1.5 lakhs to the respondent as compensation under Section 357A of the Cr.P.C. We however make it clear that this amount is in addition to the awarded amount under the Motor Vehicles Act. Learned counsel for the PW.1 shall supply the bank account details of husband of the deceased to the counsel for the appellant to deposit the amount within two weeks from today.
5. The judgment of the High Court is modified accordingly.
6. The Appeal is disposed of in the aforesaid terms.
7. Pending application(s), if any, shall stand(s) disposed of.
SUPREME COURT OF INDIA
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s). 8828/2019
(Arising out of impugned final judgment and order dated 04-01-2019 in CRLRP No. 839/2011 passed by the High Court Of Karnataka At Bengaluru)
Annapoorna.….Petitioner(s)
v.
The State of Karnataka.….Respondent(s)
IA No. 132070/2019 – EXEMPTION FROM FILING O.T.)
Date : 03-02-2020 These matters were called on for hearing today.
(Before Deepak Gupta and Aniruddha Bose, JJ.)
For Petitioner(s) Mr. Shekhar G. Devasa, Adv.
Mr. Manish Tiwari, Adv.
Mr. Luv Kumar, Adv. for M/s. Devasa & Co., AOR
For Respondent(s) Mr. V. N. Raghupathy, AOR
Mr. Rajesh Mahale, AOR
UPON hearing the counsel the Court made the following
ORDER
8. Leave granted.
9. The Appeal is disposed of.
10. Pending applications, if any, stand disposed of.
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