DARSHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Darshan Singh petitioner was convicted under Section 304-A of the Indian Penal Code by Sub Divisional Judicial Magistrate, Phagwara, vide order dated 14th of October, 1992, and was sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 500/-. In default of payment of fine he was ordered to undergo further rigorous imprisonment for three months. Appeal filed against the order of conviction and sentence passed by the trial Magistrate was dismissed vide order of Sessions Judge, Kapurthala dated 16th of October, 1993. Aggrieved against the orders of conviction and sentence passed by the Courts below, the petitioner has filed the present revision petition in which notice was issued only regarding quantum of sentence awarded to the petitioner, as well as to consider the question whether benefit of Probation of Offenders Act can be granted to the Petitioner or not.

(2.) In brief facts relevant for the disposal of this case as emerge from the First Information Report recorded on the basis of the statement of Subedar Major Rajinder Pars had Vashist, are, that on 27.9.1990 he along with his; brother Kapil Dev Parbhakar, Shiv Kumar and Ramesh Kumar purchased new Bajaj Chetak Scooter from Jalandhar. Thereafter the first informant and Ramesh Kumar were returning on their scooter bearing registration No. HYX 5770. Ramesh Kumar was sitting on the pillion seat whereas the first informant was driving that scooter. The new scooter was being driven by Shiv Kumar whereas Kapil Dev Parbhakar was sitting on its pillion seat and they were proceeding towards their village Mehal Gehla. As they reached near the liquor vend in the area of village Mehtan, a bus No. PAB 6080 belonging to Onkar Bus Service came from the side of Phagwara. The said bus was being driven rashly and negligently by the present petitioner who took the bus towards his right hand side all of a sudden and the bus struck against the new scooter on which Shiv Kumar and Kapil Dev Parbhakar were going. As a result of the said accident both of them fell down from the scooter and received injuries. Harish Chander who was coming behind on scooter No. PJX 4928 received injuries when his scooter struck against that bus. The first informant then took the injured to Civil Hospital, Phagwara where Shiv Kumar and Kapil Dev Parbhakar were declared dead. Prior to that petitioner who was the driver of the bus in question had given his name as Darshan Singh. The said accident according to the prosecution took place on account of rash and negligent driving of the bus by the petitioner. After completion of the investigation, the petitioner, was challaned, tried, convicted and sentenced by the Courts below as stated earlier.

(3.) The learned counsel (or the parties were heard. On behalf of the petitioner, it was mainly contended that that he is not a previous convict; that he is only bread winner of his family consisting of his wife and four minor children and that the petitioner may be released on probation of good conduct otherwise he is likely to lose his job. The learned counsel for the petitioner has produced copy of the award passed by me learned Motor Accident Claims Tribunal, dated 1.10.1992. A perusal thereof shows that the Motor Accident Claims Tribunal had awarded Rs. 2,09,220/- as compensation to the legal heirs of Kapil Dev Parbhakar and Rs. 51,000/- as compensation to the legal heirs of Shiv Kumar less already paid as interim compensation to the legal heirs of the said deceased.