RAVINDER KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONER was found guilty under Section 304 -A of the Indian Penal Code by the learned Trial Court and was sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs. 3,000/ - and in default of payment of fine to further undergo rigorous imprisonment for one month. In appeal preferred by the accused/Petitioner, learned Appellate Court/Sessions Judge, Shaheed Bhagat Singh Nagar, vide judgment dated 18.8.2010, affirmed the sentence awarded by the learned Trial Court and appeal filed by the accused/Petitioner herein was dismissed.

(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 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.) HAVING heard learned Counsel for the parties and having perused the record, Petitioner is ordered to be released on probation under Section 4(1) of the Probation of Offenders Act, 1958 for a period of one year on furnishing his personal bond and surety bonds to the satisfaction of the trial Court. However, fine imposed upon the Petitioner is enhanced to Rs. 20,000/ - over and above the fine already imposed by the Trial Court. The Petitioner is directed to deposit the above said amount, within one month from today, with the Trial Court to be paid to the L Rs of the deceased as compensation under Section 357 Code of Criminal Procedure 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 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.