NIRMAL SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) NIRMAL Singh was convicted by Judicial Magistrate 1st Class, Palwal, vide order dated November 28,1986 and sentenced to rigorous imprisonment for one year under Section 304-A, Indian Penal Code, and further sentenced to pay a fine of Rs. 1,500/- under the aforesaid section. He was also sentenced to undergo rigorous imprisonment for one month each under Sections 279/337/338, Indian Penal Code. Both the sentences were ordered to run concurrently. Out of the fine of Rs. 1,500/-, Rs. 1,200/- were ordered to be paid to the heirs of the deceased. His appeal failed before the Additional Sessions Judge, Faridabad on July 15, 1988. He has come up in revision.

(2.) AT the time of motion hearing, notice regarding sentence only was ordered to issue. Learned counsel for the appellant has argued that it is a fit case where benefit of Probation of Offenders Act should be allowed to the petitioner who is about 24 years of age and is not a previous convict.

(3.) AS per prosecution allegations, on April 21, 1984 at about 3 p. m. , the petitioner was driving truck No. UTX 5565 on Delhi-Mathura Road. Some passengers were sitting on the truck whereas some were sitting in the body of the truck. The said truck was full of cylinders. Near village Kuslipur, one tractor was seen going ahead. The truck driver while trying to overtake the tractor, overturned the truck with the result the passengers sitting in the truck including Sat Pal, Tara Chand, Pappu, Maya and Bikram suffered injuries. Sukh Pal also suffered injuries. He, however, died. Thus, there was conviction under Section 304-A, Indian Penal Code, of the petitioner.