NIRMAL SINGH Vs. UNION TERRITORY CHANDIGARH

JUDGEMENT

(1.) THIS revision petition is directed against the order of the Additional Sessions Judge, Chandigarh, dated 9.7.1990, whereby, the conviction under sections 279 and 304-A IPC as well as the sentence imposed by the trial Court on the present petitioner under section 304-A IPC for 9 months R.I. and a fine of Rs. 1,000/- or in default thereof to undergo R.I. for one month, was upheld.

(2.) IN brief, facts relevant for the disposal of this petition, are that on 24.3.1985, at 2.00 P.M. the petitioner who was driving Bus No. CHW-3579 came from behind and struck against the rikshaw driven by Ram Asra PW. As a result of the said collision the right rim of the rikshaw got bent and the passengers including Pushpa Devi fell down. Pushpa Devi who received injuries was immediately shifted by the petitioner in the same bus to P.G. I. Chandigarh shortly after the accident. Pushpa Devi, however. died as a result of the said accident in the P.G.I. on the same night. This petition was admitted only concerning quantum of sentence awarded to the petitioner by the Courts below and also to consider as to whether benefit of Probation of Offenders Act can be granted to the petitioner, or, not.

(3.) FOR the foregoing reasons, the petitioner is directed to be released on probation of good conduct for a period of one year under section 4 (1) of the Probation of Offenders Act, 1958 subject to his furnishing personal bond in the sum of Rs. 5,000/- with one surety of the like amount to the satisfaction of the trial Court. The petitioner shall undertake to keep peace, be of good behaviour during the aforesaid period of probation and shall further undertake to receive sentence as. and when called upon to do so by the Court. The petitioner shall also pay Rs. 1,000/- as costs of proceedings. The sentence of fine imposed by the Courts below is set aside, in view of the authority in case Ishar Dass v. The State of Punjab, AIR 1972 S.C. 1295. Fine, if, already paid shall be converted towards the payment of costs of proceedings. Driving licence of the petitioner shall be restored to him and the order concerning cancellation of driving licence of the petitioner by the Courts below is set aside. This petition is allowed to the extent indicated above.