BISHAMBER DASS Vs. STATE UNION TERRITORY OF

JUDGEMENT

(1.) The petitioner is all employee of Chandigarh Transport Undertaking as a busdriver. The bus driven by him on June 13, 1981 met with a road accident in which person, namely, Ishwar Singh, received fatal injuries. As a result thereof the petitioner was convicted under sections 279, 337 and 304-A Indian Penal Code. He was sentenced to undergo six months rigorous imprisonment under all the sections. Besides the sentence of imprisonment he was also ordered to pay fine of Rs. 250/- under section 279, Indian Penal Code and same amount of fine under section 304-A. Indian Penal Code. He has filed the instant revision petition to challenge the conviction and sentence.

(2.) The learned petitioners counsel has candidly admitted that there is no flaw in the order of conviction. His prayer is that benefit of probation may be given to the petitioner.

(3.) The facts which stand proved are that while the petitioner was turning his bus the rear wheel struck against the cycle being driven by the deceased Ishwar Singh. These circum. stances indicate that no doubt the petitioner was driving the bus rashly and negligently but the error of judgment on his part was also involved. He is a first offender and has undergone a part of the sentence of imprisonment Imposed upon him. The accident having taken place in the month of June 1981 he has been undergoing the stress and strain of criminal prosecution for nearly six years. He is a Government employee and the only bread earner of his family. In this background no useful purpose would be served if he is sent to jail to undergo the remaining part of the sentence. Accordingly, the sentence is ordered to be kept in abeyance and the petitioner is ordered to be released on probation for a period of one year 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 meantime to keep the peace and be of good behaviour. The petitioner is also directed to pay Rs. 500/- as compensation to the next of kin of the deceased victim of the road accident. With this modification in the order of sentence the revision is dismissed on merits.