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1990 DIGILAW 139 (RAJ)

Bhanwar Lal v. State of Rajasthan

1990-02-15

M.B.SHARMA

body1990
JUDGMENT 1. - This revision petition is against the judgment dated 7th June, 1988 of the learned Sessions Judge, Tonk, by which, the learned Sessions Judge confirmed the conviction of the accused-petitioner u/s. 304-A IPC as also the sentence of 3 months simple imprisonment. 2. It is not necessary to give the facts of the case because the learned counsel for the petitioner has not challenged the conviction of the accused-petitioner in this revision petition. His only contention is that the occurrence had taken place in the year 1978 and the accused is a Government servant, therefore, it will be in the interest of justice if benefit of Sec. 4 of the Probation of Offenders' Act is extended to the petitioner because it will then not affect his service carrier. Looking to the fact that the occurrence took place in the year 1978 almost about 12 years ago, he is a Government servant, in my opinion his case could be considered under the Probation Act. 3. Consequently, I hereby partly allow the revision petition and while maintaining the conviction of the accused u/S. 304-A IPC it is hereby directed that he shall be released on his entering into a personal-bond in the sum of Rs. 5,000/- with one surety in the like amount to the satisfaction of trial Court for appearance in that court when called upon within a period of one year and in the meantime to keep the peace and be of good behaviour.Revision Petition partly allowed. *******