Nachhattar Singh vs State of Punjab

K.P.S. Sandhu, J.

The petitioner was tried, convicted and sentenced to R.I. for 11/2 years and fine of Rs. 2000/ in default R.I. for three months under section 304A, I.P.C. by the learned Judicial Magistrate First Class, Patiala vide his order dated 24.3.1983. His conviction and sentence were upheld by the lower Appellate Court. The petitioner came up in the revision to this Court. The same was admitted by M.R. Sharma, J. vide his order dated July 18, 1984.

The petitioner on 4.10.1980 at about 11.15 A.M. while driving tractor No. USO 3798, overran Chhajju Singh who was going on a cycle, which ultimately caused his death. Mr. Harbans Singh, Sr. Advocate learned counsel for the petitioner has not addressed me on merits. He submits that the petitioner is a first offender; that he is facing the trial since the year 1980 and that he is on bail under order of this Court since July, 18, 1984. Therefore, he prays that the petitioner should be given the benefit of Probation of Offenders Act. I feel no useful purpose will be served by sending the petitioner to jail at this stage. Consequently, I suspend his sentence and order that the petitioner be released on probation on his entering into a bond of Rs. 5000/, with one surety in the like amount for a period of one year to the satisfaction of the trial Court, undertaking to appear in the Court to receive the sentence during the said period whenever called upon to do so and in the meantime to keep peace and be of good behavior. However, fine of Rs. 2000/, imposed upon the petitioner is converted into compensation payable to the heirs of the deceased. But for this modification, this petition fails and is hereby dismissed.