Sat Narain @ Satbir vs State of Haryana

S.S. Grewal. J.

Present petitioner was convicted by the Judicial Magistrate 1st Class, Sonepat under Section 279 and 304 of the Indian Penal Code and was sentenced to undergo R 1. for two months and R.I. for one year respectively. He was further ordered to pay a fire of Rs. 500/ and in default of payment of fine, to undergo further R.I. for three months under section 304 A of the IPC.

Appeal against the order of conviction and sentence passed against the petitioner by the trial Court too was dismissed except that the period of detention already undergone by him was directed to be set off.

In brief facts of the prosecution case are that on the night intervening 4/5121985 the petitioner was driving truck No. HRO1108 in which Balbir deceased, Ram Phal injured and their companions Sube Singh and Jai Kishan were also travelling, as they were taking vegetables for sale to Delhi. On the way, the truck turned turtle as the same was being driven rashly and negligently at a high speed by the petitioner. As a result of the said accident Balbir and Ram Phal received multiple injuries. Injuries in the case of Balbir subsequently proved fatal. A case under Sections 279 and 304A of the I PC was registered against the Petitioner. After completion of the investigation, the petitioner was challaned, convicted and sentenced as indicated above.

Aggrieved against the order of conviction and sentence passed by the courts below, the petitioner filed this revision petition, which was admitted only qua sentence as well as for consideration whether the petitioner can be granted benefit of Probation of Offenders Act.

Counsel for the parties were heard.

On behalf of the petitioner, it was submitted that the Petitioner is first offender and a young man and the deceased, and his other commission were travelling in that very truck which turned turtle, and that the petitioner may he released on probation of good conduct.

There is no material on the record that the petitioner is a previous convict. Taking into consideration the antecedents of the petitioner and the facts and circumstances of the present case particularly the fact that the accident did not take place because of direct collision with another object but the truck turned turtle and two of its occupants including the deceased received injuries, in my view, it is a fit case to grant benefit of Probation of Offenders Act, 1983 to the petitioner. The petitioner is directed to be released on probation of good conduct under Section 4(3) of the Probation of Offenders'' Act, 1958 for a period of two years subject to his furnishing personal bond in the sum of Rs. 5000/ with one surety in the like amount to the satisfaction of the trial Court. The petitioner shall undertake to keep peace and be of good behaviour during the aforesaid period of probation and shall appear in the trial Court as and when called upon to receive sentence during the said period. The sentence of fine imposed on the petitioner is set aside in view of the authority in Ishar Dass v. The State of Punjab, AIR 1972'' SC 1295. The petitioner shall, however,. pay Rs. 500/ as costs of the proceedings. Fine, if already deposited, shall be converted towards the payment of costs.

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