HOSHIAR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) HOSHIAR Singh son of Sunda Ram, a driver of the Haryana Roadways, has been convicted by Shri N. C. Nahata, Additional Chief Judicial Magistrate, Sirsa for an offence under Section 304-A of the Indian Penal Code and sentenced to rigorous imprisonment for a period of two years and a fine of Rs. 2000/- and in a default of payment of fine he shall undergo rigorous imprisonment for a period of three months as ordered on 3-2-1989. In the appeal decided by Shri S. C. Jain, Additional Sessions Judge, Sirsa, the conviction as well as the quantum of sentence has been affirmed on 22-1-1990, Aggrieved against it, the present revision has been attempted and the only question raised is regarding quantum of sentence, as per the proceedings held here on 16-2-1990.

(2.) ON behalf of the convict it has been stressed that the occurrence took place long ago on 27-1-1984 at 4.30 P.M. and the petitioner may be given benefit of Probation of Offenders Act. The mere fact that Hoshiar Singh is a Government servant is not a circumstance which entitles him to the benefit of probation. The convict is stated to be in jail since 3-4-1939. The period is considered sufficient and the quantum of imprisonment is hereby reduced to the period undergone the sentence regarding fine stands affirmed and with this modification, the revision is hereby dismissed.