KAYAM KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This miscellaneous petition under Section 482 of the Code of Criminal Procedure ('the Code' hereafter) has been submitted by the petitioner-convict Kayam Khan in the circumstances somewhat peculiar thus: The petitioner submitted a revision petition before this Court against the judgment and order dated 07.06.1993 passed by the Addl. Sessions Judge No.2, Jodhpur in Criminal Appeal No.62/1993 that was directed against the judgment and order dated 16.08.1986 passed by the Addl. Chief Judicial Magistrate No.1, Jodhpur in Criminal Case No.105/1983. It appears from the material placed on record that learned appellate court sentenced the petitioner under Section 279 and 304A IPC for one year's rigorous imprisonment and also directed payment of Rs.20,000/- as compensation to the legal representatives of the deceased Uttamaram who had died in the accident caused by rash and negligent driving of a truck by the petitioner on 22.08.1981.

(2.) The revision petition aforesaid being S.B. Criminal Revision Petition No.173/1993 was heard and decided by this Court on 27.10.2005. It appears that learned Single Judge of this Court was satisfied that there was no ground to interfere with conviction of the petitioner; and a submission was made on behalf of the petitioner for extending him the benefit of probation. Thereupon, the learned Single Judge was pleased to observe that the petitioner would be entitled to the benefit of probation provided he would pay a compensation of Rs.50,000/- instead of Rs.20,000/- to the Legal Representatives of the deceased within three months from the date of order and the revision petition was accordingly disposed of. The order dated 27.10.2005 in its entirely reads thus,- "27.10.2005 HON'BLE DR.JUSTICE VINEET KOTHARI Mr.Rakesh Calla, for the petitioner. Mr.Narendra Moolchandani, P.P. This revision petition is directed against the judgment dated 7.6.1993 passed by the learned Additional District and Sessions Judge, No.2, Jodhpur convicting the petitioner Kayam Khan u/s 279 IPC and 304 A IPC and sentencing one year's rigorous imprisonment and payment of R.20,000/- as compensation in favour of the L.Rs. of deceased Uttamaram, who died in the accident caused by rash and negligent driving of truck No.RJI 1625, which was being driven by the petitioner Kayam Khan on 22.8.1981, the date of incident. Heard learned counsel for the petitioner and perused the impugned orders and record of the case. I do not find any ground to interfere with the conviction of the petitioner under the aforesaid provisions. However, the learned counsel submits that the petitioner deserves to be given the benefit of probation under the Probation of Offenders Act. Having considered the submission of the learned counsel, the petitioner will be entitled to the benefit of probation provided, he pays a compensation of Rs.50,000/- instead of Rs.20,000/- to the L.Rs. of the deceased Uttamaram [within a period of three months from today.] With these observations, the revision petition is disposed of." (Parenthesis supplied)

(3.) The petitioner-convict has stated his predicament in this petition under Section 482 of the Code in the manner that he was required to make deposit of Rs.50,000/-within three months from the date of the order but could not deposit for not receiving of the information of the order within time and has stated that he is still ready to deposit the said amount. The petitioner has pointed out that for default in deposit of the amount, the learned trial court issued warrant and the petitioner was thereupon apprehended and produced before the trial court on 24.04.2006 and he had been sent to jail and attachment has been issued for recovery of the compensation amount of Rs.20,000/- . The petitioner has submitted that he had moved an application for obtaining certified copy of the order dated 27.10.2005 on 10.04.2006 but certified copy was not made available as the file was not traceable in the office.