Aas Mohammad vs State of Haryana

Jai Singh Sekhon, J.—The petitioner was convicted by the trial Court for offences punishable under Sections 304A, 279 and 337 Indian penal Code, He was awarded rigorous imprisonment for a period of 1/2 years besides a fine of Rs. 2,000/- or in default of payment thereof to further under go three months'' rigorous imprisonment under the first count. He was also sentenced to 3 months'' rigorous imprisonment besides to pay a fine of Rs. 500/- or in default of payment thereof to further undergo one month''s rigorous imprisonment under the second count On the third count, he was awarded three months'' rigorous imprisonment and fine of Rs. 250/- or in default of payment thereof to further suffer rigorous imprisonment for one month. All the sentences were, however, ordered to run concurrently.

On appeal, the learned Additional Sessions Judge, Faridabad did not interfere with the order of conviction or the sentence awarded by the trial Court.

Still being aggrieved against the above-referred orders, the petitioner has filed this revision petition. Notice regarding sentence only was issued to the respondent-State.

I have heard the learned Counsel for the parties besides perusing the judgments of both the lower courts.

In view of the factum that the truck driven by the petitioner was loaded with cattle, it was his duty to drive it carefully but strangely enough he has not done so and in the process the truck was overturned, resulting in loss of the precious human life and injuries to other persons. Under these circumstances, both the lower Courts rightly did not feel like giving benefit to the petitioner under the probation of Offenders Act However, keeping in view that the legislature had provided maximum sentence of two years for an offence u/s 304A, Indian Penal Code, it can well be said that the sentence for this offence is rather on the harsh side. The same is, therefore, reduced to one year. The remaining substantive sentences and the sentences of fine and the one awarded for non-payment of the same are, however, maintained.

The revision petition stands disposed of in these terms.