LAKHPAT SINGH Vs. STATE

JUDGEMENT

(1.) The present revision petition is directed against the order dated 15.4.2010 passed by the learned ASJ dismissing the appeal preferred by the Petitioner, Crl.A.34/2006, arising out of the judgment dated 6.10.2005 passed by the learned MM convicting the Appellant under Section 279, 337 and 304-A IPC and the order on sentence dated 14.10.2005. The Petitioner was awarded a sentence of simple imprisonment for a period of 6 months under Section 279 IPC. He was further awarded simple imprisonment for a period of 6 months under Section 337 IPC and under Section 304-A IPC directed to undergo simple imprisonment for 2 years. Additionally, the Petitioner was directed to pay 10,000/- as compensation to each set of the legal heirs of the two deceased victims of the accident. The sentences imposed were directed to run consecutively.

(2.) Learned Counsel for the Petitioner submits that the Petitioner does not wish to challenge the impugned order dated 15.4.2010 on merits and states that it is a fit case where this Court may consider giving the Petitioner the benefit of probation under Probation of Offenders Act, 1958. He submits that the accident in question took place on 16.12.1990, therefore, the Petitioner has been undergoing the ordeal of trial for the past 21 years and has already undergone conviction for a period of 11 months. It is further stated that when released on bail, the Petitioner continued to serve in the Delhi Transport Corporation as a driver and he was awarded a certificate of excellence by his employer for the month of November-December, 2004. The status report called for, from DTC in reference to the Petitioner dated 18.10.2010 shows that there is no pending case against him and that disciplinary action has already been taken against him for the accident, which is subject matter of the present appeal, by stopping his next two increments due with cumulative effect.

(3.) Learned Counsel for the Petitioner submits that the Petitioner has already undergone conviction for a period of 11 months and has an unblemished background after the accident, with no untoward incident or complaint against him and further, he has proved himself to be a useful citizen by raising his children in a proper manner, hence he is entitled to the benefit of probation under Probation of Offenders Act. He further submits that the Petitioner has paid a sum of 10,000/- as compensation to Sh. Pradeep Singh, the legal heir of Mukund Singh, one of the victims and a sum of 10,000/- is handed over to Sh. Bimal Kumar Sancheti, legal heir of Lt. Shriya Devi, the other victim. He also volunteers to pay an additional sum of 60,000/- to be divided in equal half between the two sets of the legal heirs of the two victims of the accident.