SHANKER LAL Vs. STATE

JUDGEMENT

(1.) THIS revision is directed against the order of learned Sessions Judge, Churu dated 21. 11. 83 whereby he has upheld the conviction of the accused-petitioner under section 279 I. P. C. for one months' S. I. & under section 304-A I. P. C. for six months S. I. with a fine of Rs. 1000/- in default further to undergo 3 months' S. I. passed by M. J. M. , Ratangarh dated 22. 9. 1980.

(2.) MR. Kumbhat, learned counsel for the petitioner has not challenged the conviction and has submitted that the accused-petitioners may be granted the benefit of probation in view of the decision reported in Tara Chand vs. State (1 ). Learnd Public Prosecutor has opposed this submission as the boy has died due to rash & negligent driving by the accused-petitioner. Under the facts & circumstances, I do not interfere in the discretion exercised by the Appellate Court in not granting benefit of probation to the accused.