Paramjit Singh vs State of Punjab

Gurnam Singh, J.—This criminal revision has been filed against the judgment of the learned Additional Sessions Judge, Ludhiana. The accused was convicted u/s 304-A, Indian Penal Code by the Judicial Magistrate 1st Class and sentenced to undergo rigorous imprisonment for one year. On appeal filed by the accused, the learned Additional Sessions Judge maintained his conviction but reduced the sentence to nine months rigorous imprisonment.

The case against the accused is that he was driving the car rashly and negligently and that it struck against a standing truck as a result of which Mewa Singh, an occupant of the car, received injuries and ultimately died.

The learned Counsel for the Petitioner has not challenged the finding on facts and simply requested that the Petitioner was less than 21 years of age at the time of occurrence and, therefore, he deserves the benefit of Section 360, Code of Criminal Procedure and be released on probation.

The trial Court refused to give the benefit of Section 360, Code of Criminal Procedure, to the accused, because of the death of a person by his negligent driving. The trial Magistrate did not say anything about the age of the accused. However, the learned Additional Sessions Judge keeping in view the young age of the accused and the fact that the occurrence took place on 21st August, 1977 and the trial concluded on 13th August, 1979, reduced the sentence to nine months rigorous imprisonment.

Since the accused-Petitioner, as urged by the learned Counsel, was below 21 years of age at the time of occurrence and that there was nothing against him on the file to show that he was a previous convict, I, think it a fit case in which benefit of Section 360, Code of Criminal Procedure, be given to him. The sentence of the accused-Petitioner is, therefore suspended and instead he is ordered to be released on probation of good conduct on his entering into a bond in the sum of Rs. 5,000/- with one surety in the like amount to the satisfaction of Chief Judicial Magistrate, Ludhiana, for a period of one year, to appear and receive sentence when called upon during such period and in the meantime to keep the peace and be of good behaviour. He should furnish the bond within one month.