BALDEV SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner Baldev Singh, a driver of Punjab Road ways has been convicted under section 304 -A, Indian Penal Code, and sentenced to five months' rigorous imprisonment and to pay a fine of Rs. 1000/ - in default of payment of which to undergo further rigorous imprisonment for two months The present revision filed by him against the conviction and sentence was admitted only to consider the matter of sentence.

(2.) THE Petitioner was convicted for having caused the death of Amar Singh by his rash and negligent driving of the bus. It is prayed on his behalf that may be released on probation.

(3.) THE petitioner is a first offender and it is admitted by the learned respondent's counsel that he has an unblemished record of service. lie is the only bread winner of the family and has there marriageable daughters. In this background I am of the opinion that there is no reason why the benefit probation should not be granted to the petitioner. It is, therefore, directed that the petitioner be released on probation for a period of two years on his entering into a bond in the sum of Rs. 5000/ - with one surety in the like amount to the satisfaction of the trial Court to appear and receive sentence when called upon during the period of probation and in the mean -time to keep the peace and be of good behaviour. The petitioner is also ordered to pay Rs. 500/ - As compensation to the next of kin to the deceased Amar Singh. The amount of fine, if already deposited may be adjusted towards compensation.