Sohan Lal vs State of Rajasthan

M.B. Sharma, J.—The conviction of the accused-petitioner u/s 304A IPC recorded by the Judicial Magistrate, Chirawa under his judgment dated 12th December, 1983 has been upheld by the learned Sessions Judge, Jhunjhunu under his judgment dated 18th December, 1987. The learned trial Court has sentenced the accused-petitioner to undergo one year''s R. I. and to pay a fine of Rs. 1,000/-, in default he will further undergo 4 month''s imprisonment.

Both the courts below have recorded the finding that the accused-petitioner was driving the Jeep No. RJP 2411 rashly and negligently and a boy Lalit Kumar was rum over and died. The witnesses have deposed against the driver of the jeep. The offence u/s 304A IPC is punishable with a maximum of 2 years imprisonment and this is a first offence of the accused-petitioner and the case is more than 12 years old, the petitioner deserves leniency on these points. In my view the benefit of the Probation of Offenders'' Act, 1958 should be extended to the accused-petitioner.

Consequently, the revision petition is partly allowed. It is hereby directed that on furnishing personal bond of Rs. 5,000/- with one surety in the like amount to the satisfaction of the trial court when called upon to do so during a period of one year to receive sentence and in the meantime shall keep the peace and be of good behaviour the accused shall be released. Two months time is allowed to furnish the bonds in the trial court. Fine if deposited shall be refunded on application.