BALJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Heard.

(2.) This revision petition came up for admission before this Court on 6-7-1995. Notice of motion why petition be not admitted, was restricted to the question, whether the petitioner is entitled to the benefit of provisions of the probation of offenders Act and/or S. 360 of the Code of Criminal Proce dure.

(3.) The facts giving rise to the case are that on 20 -7-1991 at about 8-45 a.m., the petitioner was driving bus No. PJG-7394 in the area of village Panjgrian. The bus hit against the tractor No. PAS-4644 result ing into the death of Malkiat Singh and injuries to Gurnam Singh. The petitioner was challenged under Ss. 304-A, 279 and 337 of the IPC. After the trial, the learned Judicial Magistrate Ist Class, Dhuri, convicted the petitioner and sentenced him to un dergo rigorous imprisonment for 9 months and to pay a fine of Rs. 200.00, in default of which to undergo further rigorous imprisonment for 15 days under S. 304-A, IPC. The petitioner was further sentenced to undergo rigorous imprisonment for one month each under Ss. 337 and 279 of the IPC. All the sentences were ordered to run concurrently. Against the judgment of the learned Magistrate, the accused pre ferred an appeal which was disposed of by the order of the learned Sessions Judge dated 15-6-1995. From the judgment it appears that the question with regard to release of the petitioner on probation was not even argued before the Court of Sessions. Con sequently, the learned Sessions Judge, has not dealt with the same.