VIDHYA SAGAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) VIDE his order dated November 20, 1991 Addl. Chief Judicial Magistrate, Hissar, convicted Vidhya Sagar petitioner under Section 304-A of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for one year, whereas the petitioner after his conviction under Section 279 of the Indian Penal Code was sentenced to undergo rigorous imprisonment for three months and to pay a fine of Rs. 500/-. In default of payment of fine he was sentenced to undergo further rigorous imprisonment for one month appeal filed against the order of conviction and sentence passed by the trial court was dismissed vide order of Addl. Sessions Judge, Hissar, dated 11th October, 1993. Aggrieved against the order of conviction and sentence passed against the petitioner by the courts below, he has filed the present revision petition in which notice was only issued for quantum of sentence to awarded to the petitioner as well as to consider the question whether benefit of Probation of Offenders Acts can be granted to the petitioner or not.

(2.) IN brief facts of the prosecution, case are that on 12.2.1986 at about 3.30 P. M. Fiat Car bearing registration No. HYT- 174 was coming on its correct side while truck bearing registration No HRT-5858 came from the opposite side. The said truck was being driven at a very high speed, rashly and negligently by the petitioner and struck against the said car with the result that the car driver died at the spot. The truck after the accident stopped after covering a distance of 15 paces. After alighting from the truck, the truck driver gave his name as Ghansham Dass. However, after knowing that the car driver had died and the car was being driven by Dr. Ramesh Kumar Verma, fled away from the spot. After completion of the investigation, the petitioner was arrested, tried, convicted and sentenced as stated earlier.

(3.) HOWEVER taking into consideration the fact that the petitioner has undergone agony of trial for about 5-1/2 years in the trial court and his appeal also remained pending before the Addl. Sessions Judge, Hissar, for about 2 years, the sentence of imprisonment awarded to the petitioner under Section 304-A, of the Indian Penal Code, is reduced from one years R.I. to six months R.I. whereas the conviction and sentence of the petitioner under Section 279. Indian Penal Code, is maintained. Sentences of imprisonment in both the charges shall however run concurrently. Except for this modification, I do not find any merits in the petition and the same is hereby dismissed. Petition dismissed.