KAUSHAL SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS revision petition is directed against the judgment dated 11. 6. 1981 of the learned Additional sessions Judge, Udaipur, whereby, he dismissed the appeal against the judgment dated 4. 11. 1979 passed by Additional Civil Judge and Judicial Magistrate, Udaipur. The conviction and sentences awarded to him under section 279 I. P. C. to one moths' simple Imprisonment and a fine of Rs. 200/-, under section 304-I. P. C. to one year Rigorous Imprisonmnent and a fine of Rs. 500/- and is default of payment of fine to further undergo two months' Simple Imprisonment. It was also ordered that both the sentences will run concurrently.

(2.) LEARNED counsel Mr. M. C. Bishnoi for Mr. N. N Mathur appearing on behalf of the accused petitioner has submitted that there is no eye-witness of the accident and conviction was based on the mere testimony of a child witness Rakesh Kumar (P. W. 7 ) without ascertaining the fact of his understanding. Therefore, the trial is liable to be vitiated. Mr. Bishnoi has further submitted that the accused petitioner may be granted the benefit of probation of offenders' Act which the learned lower court has not considered.

(3.) IN the result, the revision petition of the accused petitioner-Kaushal Singh is partly allowed. The conviction under section 279 and 304-A I. P. C. is maintained but the sentences of fine are set aside and it is hereby that Kaushal Singh be released on probation on his entering into a personal bond in the sum of Rs. 1000/- with surety of the like amount to the satisfaction of the learned Additional Civil Judge and Judicial Magistrate, Udaipur, to appear before him to receive the sentence whenever is called upon to do so during the period of six moths and in the meantime to keep peace and be of good behavior. , The accused petitioner is allowed two months' time to furnish his bail bands. .