RANBIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) RANBIR Singh petitioner was convicted under Section 279 of the Indian Penal Code vide order of Additional Chief Judicial Magistrate, Sonepat, dated 30-5-1992 and was sentenced to undergo rigorous imprisonment for six months. He was further convicted under Section 304A of the Indian Penal Code and was sentence to undergo rigorous imprisonment for two years for causing the death of Dinesh a 9th Class student by his rash negligent driving. The appeal filed by the present petitioner against his order of conviction and sentence passed by the trial Court was dismissed vide order of Additional Sessions Judge, Sonepat dated 16th of September, 1993. Aggrieved against the orders of conviction and sentence passed against the petitioner by the Courts below the petitioner has filed the present revision petition, in which notice was issued only qua quantum of sentence to be awarded to the petitioner and also to consider the question whether benefit of Probation of Offenders Act, 1958 can be granted to the petitioner or not.

(2.) IN brief facts relevant for the disposal of this petition are that on 28-9-1983, at about 8.00 a.m. Sahab Singh Chowkidar (first informant), Krishan son of Chandgi, uncle of the deceased, Krishan son of Surta student of 10th Class and Dinesh Kumar son of Jai Narain, a 9th class student, since deceased, were present outside the High School building Sandal Kalan. In the meanwhile Ranbir Singh petitioner came there while he was driving his Maruti Car bearing No. HRA 3377 rashly and negligently and hit Dinesh Kumar, who was standing on the berm of the road and sped away. Krishan PW took Dinesh Kumar in injured condition to Civil Hospital, Sonepat where the said injured died. A case was registered on the statement of Sahab Singh. After completion of the investigation, the petitioner was challaned, tried, convicted, and sentenced by the Courts below, as indicated earlier.

(3.) IT was mainly contended by the learned counsel for the petitioner that he is a first offender and that at the time of the alleged accident he was aged about 20 years and that the petitioner underwent agony of trial for about 9 years in the trial Court and his appeal remained pending before the Additional Sessions Judge, Sonepat for 1-1/4 years and that he may be released on Probation of good conduct or sentence awarded by the Courts below may be reduced.