Prem Singh vs State (U.T., Chandigarh)

Dr. Sarojnei Saksena, J.

Petitioner has filed this revision petition against the judgment of the appellate Court dated 9.10.1997, whereby his conviction and sentence under Sections 279/304A of the Indian Penal Code awarded by the Chief Judicial Magistrate, Chandigarh on 8.12.1995 is affirmed.

Briefly stated, the prosecution case was that on 25.11.1991 when the complainant Parkash Kaur along with her mother Gurnam Kaur, her daughter Mitu Devi, aged about 15 years and Preeti and Manju daughters of Paras Ram were standing at the Bus stand Sector17, Chandigarh, after alighting from a bus by which they came back from the village Bhago Majra, District Ropar, at about 3.30 p.m. bus No. CH01G5261 of Chandigarh Transport Undertaking, Chandigarh came from inner gate side of Bus Stand. They all were standing near peepal tree. The said bus was being driven by the accused at a very fast speed in a rash and negligent manner. He dashed the bus against Preeti, who after accident became unconscious as she sustained various injuries. Immediately Preeti was shifted to Hospital, where she breathed her last. On receiving this information, a case under Sections 304A/279 of the Indian Penal Code was registered against the petitioner.

Prosecution examined six witnesses and proved the charge. After weighing the evidence, the Chief Judicial Magistrate, Chandigarh, found that both the charges are proved against the accusedpetitioner; thus, he was convicted and sentenced, as stated above. Even the appeal was dismissed by the appellate Court. Hence, this revision.

On 23.10.1997 after hearing arguments, revision was admitted by this Court qua quantum of sentence only on the condition that the accusedpetitioner shall pay Rs. 40,000/ as compensation to the parents of the deceased girl.

Petitioner''s learned counsel submitted that on 7.11.1997 petitioneraccused has already deposited Rs. 40,000/ with the registry of this High Court to be paid to be parents of the deceased as compensation.

The learned counsel also contended that on the date of accident, the petitioner was aged 47 years; thus now his age is 54 years. He is a driver in Chandigarh Transport Undertaking, Chandigarh. He will retire on reaching the age of superannuation. After the conviction, he underwent jail sentence from 9.10.1997 to 23.10.1997. No doubt, because of his rash and negligent driving, a child has lost her life, money is no compensation to the parents for this loss, but if the petitioner is made liable to undergo the sentence of imprisonment, as awarded by the Courts below, he will not only lose his job but will also not get retiral benefits. Thus, for this fault of his not only he but his whole family will suffer as he is the only bread earner of his family; his pay is the only the source of income with them. Thus, on these facts, petitioner''s learned counsel submitted that taking a lenient view of the offences committed by the petitioner, he be given the benefit of probation.

The aforementioned prayer is not seriously disputed by the respondent''s counsel.

Admittedly, this is the first offence of the petitioneraccused. Today he is aged about 54 years. He is a regular driver in Chandigarh Transport Undertaking, Chandigarh. He will retire after four years. If he has to undergo sentence of imprisonment awarded to him, his service will be terminated and he will also lose retiral benefits. Thus, not only the petitioner but his whole family will suffer for this lapse of the petitioner. He has deposited Rs. 40,000/ to be paid to the parents of Preeti as compensation. Certainly this is not the cost of the life of their daughter, but as a penance the petitioneraccused has made an effort to compensate the bereaved parents.

Considering the facts of the case, character and antecedents of the petitioner, in my considered view, since the petitioner has already undergone sentence for about two weeks and has also deposited Rs. 40,000/ to be paid as compensation to the parents of the deceased, it will be in the interest of justice to award him the benefit of probation.

Accordingly, revision is allowed. If the petitioner submits bail bonds in the amount of Rs. 25,000/ with one surety in the like amount to the satisfaction of the Chief Judicial Magistrate, Chandigarh, binding himself that during the period of two years he will not commit any such offence and in default thereof, he will undergo the sentence awarded to him by the Chief Judicial Magistrate, Chandigarh in this case, he be enlarged on Probation.

The registry is hereby directed to get a bank draft prepared of Rs. 40,000/ deposited by the petitioner and to remit it to Paras Ram, father of the deceased Preeti, Resident of House No. 2177, Sector 28C, Chandigarh.

Revision allowed.