ROSHAN LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition is directed against the order of the Additional Sessions Judge, Hoshiarpur, dated November 9, 1993 whereby the appeal filed against the order of the trial Court dated April 26. 1993, convicting the petitioner under Section 304-A of the Indian Penal Code and directing\him to undergo R.I. for one year and to pay a fine of Rs. 2,000/- and in default of payment of fine, to further undergo R.I. for three months, was dismissed.

(2.) Brief facts relevant, or the disposal of this petition are that on March 17, 1990, Pawan Dev and Hem Raj were going on a cycle in order to proceed to their village. At about 10.30 a.m. when they reached near the Government tube well in village Karimpur Chohwala, a truck bearing registration No. HIB 710 came from behind. The said truck was being driven at a fast speed, rashly and negligently and without blowing any horn, struck against the bicycle driven by Hem Raj Pawan Dev feel on the side whereas Hem Raj was crushed under the truck. The truck driver i.e. the present petitioner ran away from the spot along with the truck. Hem Raj died as a result of injuries received by him at the spot, whereas Paw an Dev was removed on the hospital. A.S.I. Natha Singh recorded the statement of Paw an Dev, on the basis of which formal F.I.R. wall consequently registered at the Police Station, Garhshankar under Sections 279/337/304-A of the Indian Penal Code. After completion of the investigation, the accused was arrested, challenged, tried, convicted and sentenced by the Courts below as stated earlier.

(3.) Notice of the revision petitioner was served on the respondent Advocate General, Punjab, only qua quantum of sentence awarded to the petitioner, as well as for consideration on the question whether benefit of Probation of Offenders Act, can be granted to & i.e. petitioner or not.