Sanjay Colaro vs State of Karnataka

Court

Supreme Court of India

Date

21 April 2025

Case No.

Criminal Appeal No. 2133 of 2025

Result

Disposed

Bench

Vikram Nath, K.V. Viswanathan

Citation

[2025] 4 S.C.R. 2558 : 2025 INSC 686

Acts & Sections

Probation of Offenders Act, 1958 IPC CrPC

Issue for consideration

Matter pertains to the extension of benefit under the Probation of Offenders Act, 1958 to the appellant for causing a road accident, resulting in the death of the pedestrian.

Headnote

Probation of Offenders Act, 1958 – Benefit under – Death by rash driving on a public way – Rash and negligent driving by the appellant resulting in the death of the pedestrian – Trial court convicted the appellant u/ss.279 and 304A with six months imprisonment and fine – High Court upheld the conviction and sentence awarded to the appellant – Interference with:

Held: Not called for – However, with regard to the sentence imposed, benefit under the Probation of Offenders Act extended – Sentence by which appellant was directed to undergo simple imprisonment for six months set aside – Compensation of Rs.10,00,000/- awarded in favour of the surviving legal heirs of the deceased in lieu of the benefit extended to the appellant – Penal Code, 1860 – ss.279, 304A. [Paras 11-13]

Order 1. Leave granted. 2. The instant appeal has been preferred by the accused-appellant against the final judgment dated 21.11.2022 passed by the High Court of Karnataka in Criminal Revision Petition No. 323 of 2013 wherein the High Court has dismissed the revision petition preferred by the appellant herein and upheld the judgment of conviction and sentence dated 21.11.2011 passed by the Principal Civil Judge & JMFC, Ramanagara1 in CC No. 431 of 2008 under Section 279 and 304A of Indian Penal Code, 1860.2 3. Briefly put, the case of the prosecution is that on 29.03.2008, at about 11 a.m.

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