S.S.GREWAL, J. - (1.) PRESENT petitioner was convicted by the Judicial Magistrate 1st Class, Sonepat under Section 279 and 304 of the Indian Penal Code and was sentenced to undergo R 1. for two months and R.I. for one year respectively. He was further ordered to pay a fire of Rs. 500/- and in default of payment of fine, to undergo further R.I. for three months under section 304 A of the IPC.
(2.) APPEAL against the order of conviction and sentence passed against the petitioner by the trial Court too was dismissed except that the period of detention already undergone by him was directed to be set off. In brief facts of the prosecution case are that on the night intervening 4/5-12-1985 the petitioner was driving truck No. HRO-1108 in which Balbir deceased, Ram Phal injured and their companions Sube Singh and Jai Kishan were also travelling, as they were taking vegetables for sale to Delhi. On the way, the truck turned turtle as the same was being driven rashly and negligently at a high speed by the petitioner. As a result of the said accident Balbir and Ram Phal received multiple injuries. Injuries in the case of Balbir subsequently proved fatal. A case under Sections 279 and 304-A of the I PC was registered against the Petitioner. After completion of the investigation, the petitioner was challaned, convicted and sentenced as indicated above.
(3.) AGGRIEVED against the order of conviction and sentence passed by the courts below, the petitioner filed this revision petition, which was admitted only qua sentence as well as for consideration whether the petitioner can be granted benefit of Probation of Offenders Act.;