S.S.GREWAL,J - (1.) VIDE his order dated November 20, 1991 Addl. Chief Judicial Magistrate, Hissar, convicted Vidhya Sagar petitioner under Section 304-A of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for one year, whereas the petitioner after his conviction under Section 279 of the Indian Penal Code was sentenced to undergo rigorous imprisonment for three months and to pay a fine of Rs. 500/-. In default of payment of fine he was sentenced to undergo further rigorous imprisonment for one month appeal filed against the order of conviction and sentence passed by the trial court was dismissed vide order of Addl. Sessions Judge, Hissar, dated 11th October, 1993. Aggrieved against the order of conviction and sentence passed against the petitioner by the courts below, he has filed the present revision petition in which notice was only issued for quantum of sentence to awarded to the petitioner as well as to consider the question whether benefit of Probation of Offenders Acts can be granted to the petitioner or not.
(2.) IN brief facts of the prosecution, case are that on 12.2.1986 at about 3.30 P. M. Fiat Car bearing registration No. HYT- 174 was coming on its correct side while truck bearing registration No HRT-5858 came from the opposite side. The said truck was being driven at a very high speed, rashly and negligently by the petitioner and struck against the said car with the result that the car driver died at the spot. The truck after the accident stopped after covering a distance of 15 paces. After alighting from the truck, the truck driver gave his name as Ghansham Dass. However, after knowing that the car driver had died and the car was being driven by Dr. Ramesh Kumar Verma, fled away from the spot. After completion of the investigation, the petitioner was arrested, tried, convicted and sentenced as stated earlier. Learned counsel for the parties were heard. On behalf of the petitioner it was submitted that he was not a previous convict and that he being the only bread winner of his family be released on probation of good conduct. In the instant case, the petitioner was able to stop his truck after the accident after covering a distance of 15 paces. The truck driver fled away from the spot without ascertaining the condition of the car driver and without making any effort to remove him to the hospital before his death. The car was being driven on its correct side when the accident took place because of the negligence of the truck driver according to the concurrent findings of the courts below. There is no cogent ground to differ with the said finding. The petitioner was about 30 years of age according to the judgment of the learned trial court. Obviously, he is mature enough, to know the consequences of his act. There is no material on the record that the petitioner is not a previous convict. Nor the plea of the petitioner that he is the sole bread winner of his family, which has been raised before this court was ever raised before the courts below and there is no other material except the bare assertion of the petitioner on this point. Taking into consideration the over all circumstances of this case, manner in which the accident took place and the conduct of the petitioner as well as his age, in my view it is not a fit case to give benefit of Probation of Offenders Act to the petitioner who is a truck driver. His prayer for grant of probation is accordingly declined.
(3.) HOWEVER taking into consideration the fact that the petitioner has undergone agony of trial for about 5-1/2 years in the trial court and his appeal also remained pending before the Addl. Sessions Judge, Hissar, for about 2 years, the sentence of imprisonment awarded to the petitioner under Section 304-A, of the Indian Penal Code, is reduced from one years R.I. to six months R.I. whereas the conviction and sentence of the petitioner under Section 279. Indian Penal Code, is maintained. Sentences of imprisonment in both the charges shall however run concurrently. Except for this modification, I do not find any merits in the petition and the same is hereby dismissed. Petition dismissed.;