SURJIT SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) SURJIT Singh-petitioner was convicted under Section 304-A, Indian Penal Code, and was sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 1,000/- and in default of payment of fine to further undergo rigorous imprisonment for two months, vide order of Judicial Magistrate 1st Class, Hissar dated 18.12.1991. Appeal against the petitioner was dismissed by Addl. Sessions Judge, Hissar on 13.9.1993 and the sentence awarded to the petitioner was reduced from one year RI to six months RI. Aggrieved against the orders of conviction and sentence passed by the Courts below, the petitioner has filed the present revision petition.

(2.) IN brief, facts of the present case are that on 3.6.1982 at about 11 a.m. Chander Phool first informant along with Jodha Singh son of Ghamandi Lal was present at Canal bridge of Village Pabra. Devender son of Sube Singh was crossing the road when car bearing registration No. 4035 HYA driven by the petitioner rashly and negligently came from the side of Village Pabra and hit Devender. The car driver did not blow any horn. After the accident he stopped his car and removed Devender in the said car to Civil Hospital, Hissar. Devender, however, died on the way to the Hospital. Before leaving the place of accident the petitioner disclosed his name as Surjit Singh son of Sohan Lal. After completion of the investigation petitioner was challenged, tried and convicted by the courts below as stated earlier.

(3.) LEARNED counsel for the parties were heard. On behalf of the petitioner it was submitted that he is a first offender and was driving the car in question when the accident took place and later on he took Devender injured in his car to the Hospital and may be released on Probation of Good Conduct. Taking into consideration the age, antecedents and the manner in which the accident took place as well as the conduct that after the accident the petitioner stopped his car and tried to render all possible help to the injured by taking him in his car to the Hospital, in my opinion, it is a fit case to give benefit of Probation of Offenders Act to the petitioner, who is ordered to be released on Probation under Section 4(1) of the Probation of Offenders Act, for a period of two years, on his furnishing personal bond in the sum of Rs. 500/- 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 and to appear in court to receive sentence as and when called to do so. The petitioner is further directed to deposit Rs. 10,000/- as compensation for payment to the nearest heirs of the deceased, in the trial court within one month from today, failing which the order granting Probation to the petitioner shall be deemed to have been vacated and the orders of the Courts below shall be restored. This petition is decided accordingly. Order of the Court be given dasti. Petition partly allowed.