SOHAN LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The conviction of the accused-petitioner under Section 304-A I.P.C. recorded 12tui the Judicial Magistrate, Chirawa under his judgment dt. 12th December, 1983 has been upheld by the learned Sessions Judge, Jhunjhunu under his judgment dt. 18th December, 1987. The learned trial Court has sentenced the accused petitioner to undergo one year's R.I. and to pay a fine of Rs. 1,000/-, in default he will further undergo 4 months imprisonment.

(2.) Both the Courts below have recorded the finding that the accused-petitioner was driving the jeep No. R.T.P. 2411 rashly and negligently and a boy Lalit Kumar was run over and died. The witnesses have deposed against the driver of the jeep. The offence under Section 304-A I.P.C. is punishable with a maximum of 2 years imprisonment, and this is a first offence of the accused petitioner and the case is more than 12 years old, the petitioner deserves leniency on these points. In my view the benefit of Probation of Offenders Act, 1958 should be extended to the accused petitioner.

(3.) Consequently, the revision petition is partly allowed. It is hereby directed that on furnishing personal bond of Rs. 5,000/- with one surety in the like amount to the satisfaction of the trial court when called upon to do so during a period of one year to receive sentence and in the meantime shall keep tIle peace and be of good behaviour the accused shall be released. Two months time is allowed to furnish the bonds in the trial court. Fine if deposited shall be refunded on application. Revision partly allowed