LASHKAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner was tried, convicted and sentenced to rigorous imprisonment for six: months and a fine of Rs. 1000, in default further rigorous imprisonment for two months under section 304-A of the Indian Penal Code. He was further convicted and sentenced to rigorous imprisonment for three months under section 337 of the Indian Penal Code. Both the substantive sentences of imprisonment were ordered to run concurrently. THE conviction and sentence of the petitioner were upheld by the lower appellate Court. THE petitioner came up in revision to this Lashkar Sin gh Vs. THE State of Punjab Court. THE revision was admitted by M.M. Punchhi, J on 12th March, 1982, and the petitioner has been on bail since then.

(2.) MR. 0. P. Hoshiarpuri, learned counsel for the petitioner, has prayed that it is a fit case where the benefit of the Probation of Offenders Act should be given to the petitioner. I do not think that it is desirable to extend the benefit of this Act to the offender in a case under section 304-A of the Indian Penal Code. However, since the petitioner has been on bail since 12th March, 1982, no useful purpose would be served by sending him to jail. He has by now undergone a substantive period of one month and a few days. I think the ends of justice would be amply met if the sentence of imprisonment awarded to the petitioner under both the charges is reduced to the period already undergone. However, his fine is raised from Rs. 1000 to Rs. 7500, in default further rigorous imprisonment for six months. The fine if recovered, would be paid as compensation to the next heirs of Dalip Singh deceased. With this modification this revision fails and is dismissed. Petition dismissed.