Lakhpat Singh vs State

Hima Kohli, J.—The present revision petition is directed against the order dated 15.4.2010 passed by the learned ASJ dismissing the appeal preferred by the Petitioner, Crl.A.34/2006, arising out of the judgment dated 6.10.2005 passed by the learned MM convicting the Appellant u/s 279, 337 and 304-A IPC and the order on sentence dated 14.10.2005. The Petitioner was awarded a sentence of simple imprisonment for a period of 6 months u/s 279 IPC. He was further awarded simple imprisonment for a period of 6 months u/s 337 IPC and u/s 304-A IPC directed to undergo simple imprisonment for 2 years. Additionally, the Petitioner was directed to pay Rs. 10,000/- as compensation to each set of the legal heirs of the two deceased victims of the accident. The sentences imposed were directed to run consecutively.

Learned Counsel for the Petitioner submits that the Petitioner does not wish to challenge the impugned order dated 15.4.2010 on merits and states that it is a fit case where this Court may consider giving the Petitioner the benefit of probation under Probation of Offenders Act, 1958. He submits that the accident in question took place on 16.12.1990, therefore, the Petitioner has been undergoing the ordeal of trial for the past 21 years and has already undergone conviction for a period of 11 months. It is further stated that when released on bail, the Petitioner continued to serve in the Delhi Transport Corporation as a driver and he was awarded a certificate of excellence by his employer for the month of November-December, 2004. The status report called for, from DTC in reference to the Petitioner dated 18.10.2010 shows that there is no pending case against him and that disciplinary action has already been taken against him for the accident, which is subject matter of the present appeal, by stopping his next two increments due with cumulative effect.

Learned Counsel for the Petitioner submits that the Petitioner has already undergone conviction for a period of 11 months and has an unblemished background after the accident, with no untoward incident or complaint against him and further, he has proved himself to be a useful citizen by raising his children in a proper manner, hence he is entitled to the benefit of probation under Probation of Offenders Act. He further submits that the Petitioner has paid a sum of Rs. 10,000/- as compensation to Sh. Pradeep Singh, the legal heir of Mukund Singh, one of the victims and a sum of Rs. 10,000/- is handed over to Sh. Bimal Kumar Sancheti, legal heir of Lt. Shriya Devi, the other victim. He also volunteers to pay an additional sum of Rs. 60,000/- to be divided in equal half between the two sets of the legal heirs of the two victims of the accident.

Pursuant to the order dated 9.12.2010, whereby the learned APP was requested to verify the whereabouts of the legal heirs of the victims, the wife and son of Late Mukund Singh are present in court today. Similarly, Mr. Pradeep Kumar Sancheti, son of Late Shriya Devi is also present in Court today. He is authorized to appear on behalf of the remaining six legal heirs. The legal heirs of both the victims, who are duly represented through counsel, have submitted the affidavits of all the legal heirs of, both Late Mukund Singh and Late Shriya Devi. Learned Counsel states that he has filed the Vakalatnama on behalf of the legal heirs.

Learned APP submits that in view of the aforesaid facts and circumstances and in view of the offer made by the Petitioner to further compensate the legal heirs of the deceased victims, over and above the compensation directed to be paid to them under the order on sentence, he would not be averse to extending the benefit of probation to the Petitioner under the Probation of Offenders Act.

Having heard the learned Counsels for the parties and after a careful consideration of the material placed on record, this Court is of the opinion that the Petitioner has already suffered the ordeal of a trial extending over 21 years. Apart from that, he has undergone conviction for a period of 11 months, which is almost half of the maximum sentence awarded to him and now there is no other case pending against him. While on bail, he has served his employer satisfactorily and has been awarded a certificate of merit by the DTC. He has two sons and one daughter who is of marriageable age. Both the sons have been given a proper education by the Petitioner and have been raised to become useful citizens of the country. While one of the sons is employed as a driver with a private company, the second son is completing his graduation. Furthermore, the Petitioner has volunteered to pay additional compensation of Rs. 60,000/- to the legal heirs of both the victims.

In view of the aforesaid facts and circumstances, the benefit of probation u/s 4 of the Probation of Offenders Act, 1958 is granted to the Petitioner, while maintaining the order on conviction. The Petitioner is granted probation, upon his furnishing a personal bond for the sum of Rs. 20,000/-, with one surety in the like amount, to the satisfaction of the trial court, for maintaining good conduct till he completes his remaining service with his employer, DTC, which is stated to be for a period of approximately 2 years. Counsel for the Petitioner has handed over Rs. 30,000/- to each set of the legal heirs of both the deceased victims, along with the Rs. 10,000/-, which remained payable to the legal heirs of Late Shriya Devi through their common counsel. It is directed that the Petitioner shall be released only after orders are passed by the trial court accepting the bonds of probation and surety.

The petition is disposed of.