JUDGMENT
J.S. Sekhon, J.
1. The petitioner was convicted on a charge for an offense under Section 304A, Indian Penal Code and sentenced to undergo one year’s rigorous imprisonment besides to pay a fine of Rs. 500/- or in default of payment thereof, to further suffer one month’s rigorous imprisonment. He was also convicted on a charge for an offence under Section 337, Indian Penal Code, but no separate sentence was awarded by the trial court. His appeal against the order of conviction and sentence was dismissed by the learned Sessions Judge, Jullundur.
2. Still being aggrieved against the above-referred, order of conviction and sentence, the petitioner has filed this revision petition.
3. Notice to the respondent was given regarding sentence only and the report of the District Probation Officer, Jullundur was called for regarding the antecedents of the accused and the circumstances of his family.
4. The Probation Officer has reported that the accused was the sole bread-winner of family comprising of his wife and three minor children and that he is a man of good antecedents.
5. I have heard the learned Counsel for the parties and have perused the record.
6. While driving his four-Wheeler PAT 6069, the petitioner had swerved it to his right side near the place where the link road to village Khalwan takes off from the main G.T. Road. In that process, the right side of his vehicle had hit the scooter coming from his front side which resulted in the death of Kishan Kumar and sustaining of Injuries to Indra Rani. The petitioner stopped his car just after the accident and drove it off after verifying the condition of the injured. He also disclosed his identity to the witnesses on enquiry. Under these circumstances, it cannot be said to be a case of hit and run type. On the other hand, it appears that the petitioner had taken away his vehicle in order to avoid the wrath of the people who usually collect at the spot just after the occurrence and sometimes manhandle the drivers involved in the accidents.
7. Keeping in view the reformative trend of modern penology, as well as the report of the Probation Officer, the sentence of the petitioner is suspended and he is directed to be released on probation for a period of two years on furnishing requisite bonds to the satisfaction of the Chief Judicial Magistrate, Jullundur, undertaking to keep peace and be of good behaviour and to appear for receiving the remaining portion of the sentence whenever called upon to do so during this period. He is further directed to pay Rs.500/ as costs of litigation to the State. It is stated that fine has already been paid. The concerned court shall adjust the fine towards the costs after verifying the factum of its payment.
8. The revision petition stands disposed of in these terms.