Roshan Lal vs State of Punjab

S. S. Grewal, J.(Oral)

This petition is directed against the order of the Additional Sessions Judge, Hoshiarpur, dated November 9, 1993 whereby the appeal filed against the order of the trial Court dated April 26, 1993, convicting the petitioner under Section 304A of the Indian Penal Code and directing him to undergo R.I. for one year and to pay a fine of Rs. 2,000/ and in default of payment of fine, to further undergo R.I. for three months, was dismissed.

Brief facts relevant for the disposal of this petition are that on March 17, 1990, Pawan Dev and Hem Raj were going on a cycle in order to proceed to their village. At about 10.30 a.m. when they reached near the Government tubewell in village Karimpur Chohwala, a truck bearing registration No. HIB 710 came from behind. The said truck was being driven at a fast speed, rashly and negligently and without blowing any horn, struck against the bicycle driven by Hem Raj. Pawan Dev fell on the side whereas Hem Raj was crushed under the truck. The truck driver i.e. the present petitioner ran away from the spot along with the truck. Hem Raj died as a result of injuries received by him at the spot, whereas Pawan Dev was removed to the hospital. A.S.I. Natha Singh recorded the statement of Pawan Dev, on the basis of which formal F.I.R. was consequently registered at the Police Station, Garhshankar under Sections 279/337/304A of the Indian Penal Code. After completion of the investigation, the accused was arrested, challaned, tried, convicted and sentenced by the Courts below as stated earlier.

Notice of the revision petitioner was served on the respondent Advocate General, Punjab, only qua quantum of sentence awarded to the petitioner, as well as for consideration on the question whether benefit of Probation of Offenders Act, can be granted to the petitioner or not.

On behalf of the petitioner, it was submitted that he is not a previous convict and he is the sole bread winner of his family and a lenient view may be taken. The deceased is stated to be about 16 years of age. After the accident, the petitioner did not care to stop the truck and render any help whatsoever either to the deceased or to Pawan Dev injured. Taking into consideration overall circumstances of the case, in my opinion, it is not a fit case where benefit of Probation of Offenders Act, can be granted to the petitioner.

However, taking into account the fact that the petitioner underwent the agony of trial for more than three years and his appeal also remained pending before the Appellate Court for six months, sentence of imprisonment awarded to by the trial Court is reduced from one year''s R.I. to six months R.I. Sentence of fine is, however, enhanced from Rs. 2,000/ to Rs. 10,000/ and in default of payment of fine, he shall further undergo R.I. for one month. out of the fine, if realised, the entire amount shall be paid as compensation to the nearest relations/heirs of the deceased Hem Raj. Except with this modification in the sentence awarded by the Courts below there is no merit in this petition and the same is hereby dismissed.