Khem Chand vs State of Haryana

Harbans Singh Rai, J.

Notice regarding sentence Was issued in this revision petition on 23rd July, 1987 for l8th of August, 1987.

I have heard the learned counsel for the parties.

The brief facts of the case are that Truck No. HRC 4785 was used to be driven by the petitioner and the truck was used to load Yamuna sand for supplying the same to Faridabad City. The deceased along with other was working as labourer on the truck.

On 13.11.982 when, as usual, the truck being driven by the petitioner was heading for loading the Yamuna sand, the labourers were sitting in the truck. When the truck reached near the Budlia Nala Faridabad, the truck which was being driven fast went out of the control of the petitioner and after covering little distance, it went on the Kacha Path in the pits. Badan Singh, who was one of the labourers and was sitting in the windows fell down and was run over by the truck. He succumbed to his injuries.

The case was registered against the petitioner and after investigation. He was challaned, tried and convicted under sections 304A and 279 of the Indian Penal Code. His appeal was dismissed by the Additional Sessions Judge, Faridabad, and feeling aggrieved, he has filed this revision.

I have heard the learned counsel for the parties and gone through the record.

The learned counsel for the petitioner had submitted that the accident relates to the year 1982, the deceased was one of the persons employed alongwith the petitioner on the truck and it is only a matter of chance that the deceased fell down and was killed. He has further stated that the petitioner is a first offender and interests of justice will be squarely met if the petitioner is allowed probation and adequate compensation is awarded to the heirs of the deceased. I have considered the submission and I find substance in the same. The petitioner being first offender and the case being of the year 1982, it will be in the interest of justice and society that the petitioner be allowed benefit of probation. I, therefore, order that the petitioner be released on probation under section 4 of the Probation of Offenders Act, 1954, on his furnishing personal bond in the sum of Rs. 1000/ with one surety of the like amount for a period of One year to the satisfaction of Chief Judicial Magistrate, Faridabad, within three months from today. During the aforesaid period of one year the accused shall keep peace and be of good behaviour. He is further directed to pay Rs. 7500/ as compensation to the heirs of the deceased. Fine, if already paid shall be adjusted in the compensation.