Ranbir Singh vs State of Haryana

S. S. Grewal, J. (Oral)

Ranbir Singh petitioner was convicted under Section 279 of the Indian Penal Code vide order of Additional Chief Judicial Magistrate, Sonepat, dated 3051992 and was sentenced to undergo rigorous imprisonment for six months. He was further convicted under Section 304A of the Indian Penal Code and was sentence to undergo rigorous imprisonment for two years for causing the death of Dinesh a 9th Class student by his rash negligent driving. The appeal filed by the present petitioner against his order of conviction and sentence passed by the trial Court was dismissed vide order of Additional Sessions Judge, Sonepat dated 16th of September, 1993. Aggrieved against the orders of conviction and sentence passed against the petitioner by the Courts below the petitioner has filed the present revision petition, in which notice was issued only qua quantum of sentence to be awarded to the petitioner and also to consider the question whether benefit of Probation of Offenders Act, 1958 can be granted to the petitioner or not.

in brief facts relevant for the disposal of this petition are that on 2891983, at about 8.00 a.m. Sahab Singh Chowkidar (first informant), Krishan son of Chandgi, uncle of the deceased, Krishan son of Surta student of 10th Class and Dinesh Kumar son of Jai Narain, a 9th class student, since deceased, were present outside the High School building Sandal Kalan. In the meanwhile Ranbir Singh petitioner came there while he was driving his Maruti Car bearing No. HRA 3377 rashly and negligently and hit Dinesh Kumar, who was standing on the berm of the road and sped away. Krishan PW took Dinesh Kumar in injured condition to Civil Hospital, Sonepat where the said injured died. A case was registered on the statement of Sahab Singh. After completion of the investigation, the petitioner was challaned, tried, convicted, and sentenced by the Courts below, as indicated earlier.

The learned counsel for the parties were heard.

It was mainly contended by the learned counsel for the petitioner that he is a first offender and that at the time of the alleged accident he was aged about 20 years and that the petitioner underwent agony of trial for about 9 years in the trial Court and his appeal remained pending before the Additional Sessions Judge, Sonepat for 11/4 years and that he may be released on Probation of good conduct or sentence awarded by the Courts below may be reduced.

It has come in evidence of the eyewitnesses that the accident took place in front of the school gate. A duty was cast on the petitioner to drive his vehicle slowly while passing in front of the school. Line to his rash and negligent driving, Dinesh Kumar a 9th Class student died as a result of the injuries received by him in the accident. Another aspect of the case is that after the accident the petitioner sped away instead of rendering any medical help to the deceased. In case the injured had been immediately removed to the hospital without loss of time the possibility that Dinesh Kumar might have survived, cannot altogether be ruled out.

Taking into consideration these two factors as well as other material facts or the case in my view it is not a fit case to grant benefit of Probation of Offenders'' Act to the petitioner. However, in view of the fact that the petitioner. had underwent agony of trial for 10/1/4 years after the accident, the sentence of imprisonment under Section 279 of the Indian Penal Code is reduced from rigorous imprisonment for six months to rigorous imprisonment for three months and that under Section 304A of the Indian Penal Code is reduced from rigorous imprisonment for two years to rigorous imprisonment for six months. Both the sentences of imprisonment awarded to the petitioner shall. however, run concurrently.

Except with this modification I do not find any merit in this petition and the same is hereby dismissed.