SULTAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) SULTAN Singh son of Raja Ram, a driver of Haryana Roadways bus was convicted by learned Magistrate Ist Class, Patiala under Sections 279/304-A IPC, vide impugned judgment dated 28.10.2002. He was sentenced to undergo RI for one year and to pay a fine of Rs. 1000/-, in default of payment of fine to further undergo RI for two months. Aggrieved by the said judgment, he preferred an appeal which also stands dismissed vide impugned judgment of learned Additional Sessions Judge, Patiala dated 14.5.2004. Dis-satisfied with both the impugned judgments, he has preferred the present revision petition.

(2.) VIDE order dated 24.5.2004 passed by this Court the conviction of the petitioner was confirmed. However, notice regarding sentence was issued to Advocate General, Punjab. Pursuant to notice, Mr. Mansur Ali, Deputy Advocate General, Punjab has put in his appearance.

(3.) THE learned counsel for the petitioner contends that the petitioner is at present of the age of 47 years; he is not a previous convict; no accident has ever occurred except the present one; the petitioner has four children out of which three are daughters of marriageable age and one son is minor; he is the only bread winner of his family; that he has already undergone three months of substantive sentence; the petitioner being government employee if sentenced substantively, would lose his job which is going to adversely effect his entire family; the deceased in this case was of the age of 70 years who was coming on a cycle in a busy street and there is every possibility that on account of his age he could not have control over his cycle and has consequently struck against the bus; the LRs of the deceased have also got a sum of Rs. 1.8 lac from the Motor Accident Claims Tribunal and even the petitioner is also ready to compensate the LRs of the deceased to a reasonable amount fixed by this Court.