LAKHWINDER DASS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a petition against judgment dated 9.4.1992 passed by the Sessions Judge, Ropar whereby the appeal filed by the present petitioner against judgment dated 29.4.1991 of SDJM, Kharar was dismissed. Vide that judgment dated 29.4.1991, petitioner had been convicted for the offence under Section 279 IPC and sentenced to pay a fine of Rs. 500/-, in default of payment of fine, he was to undergo RI for a period for ten days and for the offence under Section 304-A IPC, he was sentenced to RI for one year and to pay a fine of Rs. 1,000/-, in default of payment of fine, he was to undergo RI for one month.

(2.) PROSECUTION case against the petitioner was that on 8.8.1988, he was driving a truck bearing No. HNA 3360 in rash and negligent manner and was coming from the side of Kharar and at about 10.30 A.M. when he was opposite of Government High School, Ghauruan then he struck the truck into a car and it led to the death of Desh Deepak Singh. Petitioner was arrested and then challaned and sentenced as aforesaid.

(3.) I find that this petitioner had remained in custody for about one month after his appeal was dismissed. The maximum sentence awarded had been one year RI. It will not be proper to send the petitioner to jail at this stage. The heirs of the deceased can still be compensated. 4. From the above discussion, it is directed that the petitioner be released on probation for a period of two years for keeping peace and be of good behaviour. He shall deposit a sum of Rs. 5,000/- as compensation to the heirs of Desh Deepak Singh. He shall also furnish personal bond in the sum of Rs. 5,000/- with one surety in the like amount within three months from today before the Court of SDJM, Kharar.