Chandrashekara vs State By K.R. Pet Town Police on 31 March, 2022
6. This Court had directed the learned counsel for the
petitioner to keep the petitioner present before the Court.
Today, the petitioner is produced before the Court with wheel
chair. Having taken note of the MRI scan dated 14.02.2022 as
well as the earlier reports, the petitioner is in constant
treatment. The Apex Court in its judgment dated 03.02.2020
passed in Crl.A.214/2020 in the case of ANNAPOORNA v.
THE STATE OF KARNATAKA, while disposing of the matter
made an observation that the occurrence is of 09.04.2006, about
14 years have elapsed. Taking note that it is an admitted fact
that the appellant herself took the injured person to the hospital,
but unfortunately she expired. Having taken note of the same
while upholding the conviction of the appellant, modified the
sentence by not upholding any substantive sentence upon her
and directed the appellant to pay Rs.1.5 lakhs to the respondent
as compensation under Section 357A of Cr.P.C. and also made it
clear that the said amount is in addition to the award amount
under the MV Act and the same shall be paid to P.W.1. The
Apex Court was lenient in taking note of the incident was more
than 14 years ago. In the case on hand also, the incident was
taken place in 2007 and almost 1½ decade has been elapsed.
6
However, taking note of the pathetic condition of the petitioner
as he is under treatment for his paralysis and MRI report
confirms the same and having considered the peculiar facts and
circumstances of the case and also it was an accident and not
intentional act, this Court can show some lenience in view of the
health condition of the petitioner and instead of ordering for
sending him for jail to suffer substantive sentence, it is
appropriate to modify the judgment of the Trial Court and the
Appellate Court. Though the Apex Court directed to pay Rs.1.5
lakhs, taking note of the pathetic condition of the petitioner since
he is also taking treatment for paralysis and he has been
produced before the Court in wheel chair, it is appropriate to
impose fine of Rs.75,000/- as exceptional case and the same has
to be deposited within eight weeks. In default of payment of
fine, the petitioner shall undergo imprisonment for a period of
six months. On deposit of Rs.75,000/- before the Trial Court,
the Trial Court is directed to pay the amount to the mother and
if mother is not alive in favour of the father, on proper
identification.