ORDER : 1. This revision petition is directed against the concurrent findings of the Courts below holding the petitioner (hereinafter referred to as ‘the accused’) guilty of the offence punishable under Section 287 of IPC. 2. The charge sheet was laid against the accused alleging the commission of the offences punishable under Sections 279, 287 and 304(A) of IPC. It was alleged that, on 08.11.2008 at about 10.30 p.m. the accused being the driver of the Tractor-Trailer bearing No.KA33/T2935 and KA48/T2942/2943 had parked the said vehicle on the middle of the road without taking any safety measures. As a result, the deceased who was riding the motorcycle bearing Reg.No.KA29/H6960 dashed against the said Tractor-Trailer unit. On account of the accident, the deceased succumbed to the injuries on the spot. 3. The accused was prosecuted only on the charges under Section 287 and 304(A) of IPC and the charge under Section 279 was dropped. After trial, the learned Magistrate acquitted the accused of the charge under Section 304(A) of IPC, however, found him guilty of the offence punishable under Section 287 of IPC. Consequently, sentenced him to undergo simple imprisonment for three months with a fine of Rs.1,000/. The appeal preferred by the accused against the said order of conviction came to be dismissed by order dated 29.11.2010 in Criminal Appeal No.4/2010. 4. The learned counsel for the petitioner/accused has confined his arguments only on the question of sentence. He has emphasized that the material on record clearly indicate that the tyre of the Tractor-Trailer was punctured and therefore, the driver of the Tractor-Trailer could not move the said vehicle. Hence, there was no negligence whatsoever on the part of the accused in leaving the vehicle in the punctured condition. In support of his arguments, the learned counsel has drawn my attention to the relevant portion of the crossexamination of P.Ws.5, 6 and 8, the eye witnesses examined by the prosecution, who have unequivocally admitted that the tyre of the Tractor-Trailer was found punctured. In view of this, the argument of the learned counsel for the petitioner is that both the Courts below were not justified in convicting the accused under Section 287 of IPC. The learned counsel submits that, under the said circumstances, imposition of sentence of imprisonment is disproportionate to the offence proved against the petitioner. In view of this, the argument of the learned counsel for the petitioner is that both the Courts below were not justified in convicting the accused under Section 287 of IPC. The learned counsel submits that, under the said circumstances, imposition of sentence of imprisonment is disproportionate to the offence proved against the petitioner. Having regard to the circumstances in which the Tractor-Trailer was left in the road, the Courts below ought to have taken a lenient view. 5. Having heard the learned counsel for the petitioner and having regard to the facts and circumstances highlighted by the learned counsel for the petitioner, I am of the view that, ends of justice would be served, if the petitioner is imposed with punishment of fine in lieu of the physical imprisonment as ordered by the Courts below. Section 287 of IPC provides for imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. In the instant case, having regard to the above facts and circumstances, I am of the view that imposition of maximum fine prescribed under the said provision would serve the ends of justice. Hence, to this extent, the impugned judgments rendered by the Courts below are required to be modified. Hence, the following: directed to pay a fine of Rs.1,000/for the offence punishable under Section 287 of IPC. In default of payment of said fine amount, the petitioner/accused No.1 shall undergo ORDER (i) The criminal revision petition is allowed in part. (ii) The conviction of the petitioner/accused No.1 for the offence punishable under Section 287 of IPC is confirmed. (iii) The sentence awarded by the Courts below for the said offence is modified and in lieu of the sentence of imprisonment of three months, the petitioner/accused No.1 is directed to pay a fine of Rs.1,000/- for the offence punishable under Section 287 of IPC. In default of payment of said fine amount, the petitioner/accused No.1 shall undergo simple imprisonment for one month.