MANILAL JADVAJI SHARMA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) A valuable human life of an innocent scooterist" is lost in a road accident by the lethal hands at the wheel of S. T. bus, in a road accident which took place at about 20.05 hours on the turn of 3 roads at Fatehganj area in Vadodara city. Both the Courts below have found the S. T. driver guilty for his rash and negligent driving u/S. 304-A of the Indian Penal Code ('Code' for short) and sentenced him to suffer Rigorous Imprisonment for 6 months and to pay a fine Rs. 200/-, in default 15 days Rigorous Imprisonment and the prayer made by the petitioner-accused in this Revision Application is to grant him the benefit of Probation of Offenders Act and, to release him on probation.

(2.) The question is whether in such type of accident, the benefit of probation should be extended to such accused person or not. And, whether the sentence of 3 months' Rigorous Imprisonment for such offence is unduly harsh or not.

(3.) For answering the aforesaid questions, few relevant facts are required to be noted, which are as under: