RAM PHAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) RAM Pal, aged 25, was convicted by the Chief JUdicial Magistrate, Kurukshetra, under Sections 279 and 304-A of the Indian Penal Code and sentenced to R.I. for six months and 1-1/2 years respectively. His appeal against the conviction and sentence was disposed of by learned Sessions Judge, Kurukshetra. The conviction was maintained but the sentence was reduced to six months and nine months after taking into consideration the relevant factors. Aggrieved by the order passed in appeal, the accused has filed this revision.

(2.) ACCORDING to the prosecution, Ram Pal accused knocked down and run over Swinder Singh by driving a tractor rashly and negligently on 17.5.1983 at about 9.00 p.m. Swinder Singh was rushed to the Civil Hospital with multiple injuries and he succumbed to his injuries at about 11.00 p.m. the same day.

(3.) LEARNED Counsel for the petitioner submitted that the trial against the petitioner lasted over six years; that he was first offender; that he a large family to support and he should be awarded a suspended sentence i.e. he should be released under the provisions of the Probation of Offenders Act. A number of precedents of this courts in which the offences under Section 304-A of the Indian Penal Code were admitted to probation were cited by the learned Counsel.