- (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. The learned counsel for the petitioner has submitted that the incident is of March, 1979 and the accused has also remained in jail for some time, more so 12 years have been passed, therefore, a lenient view may be taken. Mr. K. L. Thakur, learned public prosecutor is not able to controvert these facts. Having heard the learned counsel, Mr. Kumbhat for the petitioner and Mr. Thakur, learned public prosecutor and perused the record carefully, in view of the facts & circumstances of the case, as the incident is of March, 1979 and the accused petitioner has remained in jail for some time, no useful purpose will be served if he is sent to jail againt after a lapse of 12 years. Therefore, in view of the matter, the ends of justice will be served while maintaining the conviction of the accused-petitioner if the sentence of imprisonment passed against him is reduced to already undergone. (6) In the result, the revision is partly allowed. Conviction of the accused petitioner passed by the courts below is maintained. However, the sentence of imprisonment of accused Shankarlal is reduced to already undergone. Sentence of fine of Rs. 1000/- is maintained. Three months' time is granted to deposit the fine, and thereafter, the trial court will issue notice to the father of the deceased or the complainant and the same amount shall be paid to the father of the deceased or the complainant failing which the trial court shall proceed according to law. The accused-petitioner is already on bail so he need not surrender, his bail bonds are discharged. .;