VIKRAM SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) PETITIONER was found guilty under Sections 279 and 304 -A of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for a period of three months and to pay a fine of Rs. 250/ -for the commission of offence punishable under Section 279 IPC. He was further sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs. 500/ -for the commission of offence punishable under Section 304 -A IPC. In default of payment of fine, Petitioner was further sentenced to undergo rigorous imprisonment for a period of one month.

(2.) LEARNED Counsel for the Petitioner states that he is not pressing this revision on merit and is not challenging the conviction of the accused under Sections 279/304 -A IPC. Learned Counsel for the revisionist further submits that revisionist should be released on probation under Section 4(1) of the Probation of Offenders Act, 1958. He has placed reliance on the judgment of the learned Single Judge of this Court in the matter of Sansar Singh v. State of Punjab, Criminal Revision No. 658 of 2002 decided on 10.3.2009.

(3.) APPLYING the principles and ratio of the judgment in the matter of Sansar Singh (supra), conviction of the Petitioner is upheld, however, sentence awarded to him is set aside and he is ordered to be released on parole under Section 4(1) of the Probation of Offenders Act, 1958 for a period of six months. However, applying the ratio of the judgment of the Hon'ble Apex Court in the matter of Baldev Singh and Anr. v. State of Punjab : AIR 1996 SC 372, fine imposed upon the Petitioner is enhanced to Rs. 20,000/ -over an above the fine already imposed by the Trial Court. The Petitioner is directed to deposit the above said amount, within three months from today, with the Trial Court. On deposit so being made, the Trial Court shall issue notice to the widow of the deceased and disburse the amount to her forthwith. In case widow is not available, notice be issued to the legal heirs of the deceased and disburse the above said amount to them. It is made clear that in case enhanced amount is not deposited, as directed above, this revision petition shall be deemed to have been dismissed. The Petitioner shall also execute bail bonds and file an undertaking before the Trial Court that he would act like a disciplined citizen and will not indulge in any crime of the same nature during the period of probation. He is directed to furnish bail bonds and file an undertaking before the Trial Court within three months from today.