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(PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard Sri Prashant S. Kadadevar, learned counsel for revision petitioner and Sri Praveena Y. Devareddiyavara, learned High Court Government Pleader for respondent.

2. Accused who suffered an order of conviction in C.C.No.268/2011 confirmed in Crl.A.No.16/2014 for the offences punishable under Sections 279 and 338 of IPC and ordered to undergo simple imprisonment for a period of six months for the offence punishable under Section 338 of IPC with default sentence, is the revision petitioner.

NC: 2025:KHC-D:4892

8. Alternatively, Sri Prashant S. Kadadevar, would contend that in the event this Court upholding the order of conviction, since there is no minimum punishment of imprisonment prescribed for the offence punishable under Section 338 of IPC, this Court may modify the sentence by enhancing the fine amount reasonably. Moreso, having regard to the fact that the injured would have received the compensation before the Motor Accidents Claim Tribunal and sought for allowing the revision petition in part.

NC: 2025:KHC-D:4892 Regarding point No.2:

17. In the case on hand, Shivavva, being the injured has suffered fracture of right hand radius. The same is depicted in Ex.P-9 wound certificate. Doctor has been examined to substantiate the injury. Since the accident is established and accused has been convicted for the offence punishable under Section 338 of IPC, taking note of the fact that there is no minimum punishment prescribed under the IPC for the offence punishable under Section 338, this Court is of the considered opinion by enhancing the fine amount in a sum of Rs.25,000/- by setting aside the imprisonment period of six months would meet the ends of justice in the facts and circumstances of the case. Accordingly, point No.2 is answered partly in the affirmative.

Regarding Point No.3:

18. In view of the finding of this Court on points No.1 and 2, as above, following order is passed.

NC: 2025:KHC-D:4892 ORDER

(i) Criminal Revision Petition is allowed in part.

(ii) While maintaining the conviction of the accused for the offence punishable under Section 279 and 338 of IPC, sentence ordered by the Trial Magistrate confirmed by the First Appellate Court for a period of six months for the offence punishable under Section 338 of IPC, is hereby set aside by enhancing the fine amount in a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) payable on or before 30.04.2025, failing which, accused shall undergo simple imprisonment as ordered by the Trial Magistrate.