MAMAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) CHIEF Judicial Magistrate, Gurgaon, vide his order dated January 2, 1993, convicted the petitioner under Section 279 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for six months and to pay a fine of Rs. 500/-. In default of payment of fine, the accused was ordered to undergo simple imprisonment for one month. The petitioner was further sentenced under Section 304-A of the Code and was ordered to undergo rigorous imprisonment for 1-1/2 years. He was also directed to pay a fine of Rs. 1000/- and in default thereof to the further suffer simple imprisonment for three months. However, both the sentences were ordered to run concurrently. On appeal, the learned Sessions Judge vide his order dated 24.8.1993 while maintaining the conviction of the petitioner, reduced the sentence of imprisonment from 1-1/2 years RI to one year R.I. under Section 304-A of the Indian Penal Code. Aggrieved against the orders of conviction and sentence passed by the court's below, the petitioner filed this revision petition, which was admitted only qua quantum of sentence to be awarded to the petitioner and also to consider the question whether benefit of Probation of Offenders Act can be granted to him or not.

(2.) IN brief, facts of the prosecution case are that on 25.10.1989 at about 8 a.m. Balraj and Dushyant, students, were going to D.A.V. School on a cycle. Dushyant was sitting on the carrier of the cycle whereas Balraj was driving the cycle. When they came near Marchal Hair Dresser's shop on Khandsa Road, Gurgaon truck No. HRU-468 driven by the petitioner came from the opposite side. The truck was being driven at a high speed rashly and negligently and hit the cycle of Balraj. As a result of the said impact, Dushyant fell down on the road side and was crushed underneath the truck whereas Balraj fell down on the left side of the road. Case was registered against the petitioner on the statement of Balraj PW. After completion of the investigation, the petitioner was challaned, tried and convicted as indicated above.

(3.) EXCEPT with this modification in the sentences awarded to the petitioner, this petition is dismissed. Petition partly allowed.