Som Nath vs State of Haryana

Pritpal Singh, J.—Som Nath has filed this revision against the judgment of the Additional Sessions Judge, Ambala, dated July 11, 1984, by which the order of Petitioner''s conviction u/s 304-A, Indian Penal Code, and sentence of one year''s rigorous imprisonment and to pay a fine of Rs. 500/- thereunder and conviction u/s 279, Indian Penal Code and sentence of three months'' rigorous imprisonment with a fine of Rs, 200/- recorded by the trial court was maintained. The substantive sentences were ordered to run concurrently.

This petition was admitted only to consider the question of sentence.

The Petitioner was driving a truck on August 16, 1981 and he is held to have run over Ram Sarup deceased who was going on a cycle. Ram Sarup succumbed to the injuries on the spot.

I find that there are some redeeming features in this case in favour of the Petitioner. The truck driven by him had not struck the deceased from the front. The deceased had been run over by the rear wheel of the truck which would indicate that the Petitioner was not wholly responsible for the accident. He had stopped the truck immediately after the accident which shows that he was not callous or indifferent to what had happened. He is a first offender and his antecedents are unblemished. In this background it seems advisable to give him the benefit of Section 4 of the Probation of Offenders Act. Accordingly, it is ordered that the Petitioner be released on probation for a period of one year on his furnishing the requisite bond in the sum of Rs. 5,000/- with one surety in the like amount to the satisfaction of the trial court binding himself to come and receive sentence when called upon to do so and in the meantime to keep the peace and be of good behaviour. The Petitioner is also directed to pay Rs. 3,000/- as compensation to the next of kin of the deceased. This petition is partly allowed to this extent.