S.S.GREWAL, J. - (1.) THE present petitioner was convicted under Section 304A of the Indian Penal Code by the Chief Judicial Magistrate, Kapurthala on 11-1-90 vide his order dated 12-1-90 and was directed to undergo R I. for one year and to pay a fine of Rs. 1,000/- In default of payment of fine, he was further directed to undergo R. 1. for three months. The order of conviction and sentence passed by the learned trial Court was upheld by the Additional Sessions Judge, Kapurthala, vide his order dated 5-7-90.
(2.) THIS revision petition was admitted only for consideration of quantum of sentence awarded to the petitioner, and also on the question, as to whether the benefit of Probation of Offenders Act can be given to the petitioner or not. The brief facts relevant for the disposal of this petition, are, that on 6-1-1987 at 7.45 A. M. the petitioner was driving Car No. PAJ-7916 in the area of village Padde. The accident took place while Surinder Singh deceased had reached the main road and the petitioner while driving the car rashly and negligently came from opposite side, did not give any horn and Surinder Singh was run over by his car and died at the spot. On behalf of the petitioner it was submitted that the petitioner is a car driver. He is about forty years of age, and is the only bread winner of his family consisting of five children including a daughter of marriageable age, Besides, he has also to look after his age old parents.
(3.) TAKING into consideration all these circumstances and the manner in which the occurrence took place as well as the fact that the petitioner was not driving heavy duty vehicle on the main highway, the authority in the case of Rattan Singh v. State, AIR 1980 Supreme Court 84 is not applicable to the facts and circumstances of the present case. Rather, I am of the considered view that it is a fit case in which benefit of Probation of Offenders Act can be granted to the petitioner, in view of his age/antecedents, family background, and, the manner in which the accident took place.;