ORDER [ENTITY], J.
1. The present petitioner was convicted under [SECTION] of the [ACT] by the Chief Judicial Magistrate, Kapurlhala on 11.1.90 vide his order dated 12.1.90 and was directed to undergo R.I. for one year and to pay a fine of Rs. 1000/- in default of payment of fine, he was further directed to undego R.I. for three months. The order of conviction and sentence passed by the learned trial Court was upheld by the Additional Sessions Judge, Kapurlhala, vide his order dated 5.7.90.
2. This revision petition was admitted only for consideration of quantum of sentence awarded to the petitioner, and also on the question, as to whether the benefit of [ACT] can be given to the petitioner or not.
3. The brief facts relevant for the disposal of this petition, are, that on 6.1.1987 at 7.45 A.M. the petitioner was driving Car No. PAJ-7916 in the area of village Padde. The accident took place while [ENTITY] deceased had reached the main road and the petitioner while driving the car rashly and negligently came from opposite side, did not give any horn and [ENTITY] was run over by his car and died at the spot. On behalf of the petitioner, it was submitted that the petitioner is a car driver. He is about forty years of age, and is the only bread winner of his family consisting of five children including a daughter of marriageable age. Besides, he has also to look after his age old parents.
4; Taking into consideration all these circumstances and the manner in which the occurrence look place as well as the fact that the petitioner was not driving heavy duty vehicle on the main highway, the authority in the case of [PRECEDENT], is not applicable to the facts and circumstances of the present case. Rather, I am of the considered view that it is a fit case in which benefit of [ACT] can be granted to the petitioner, in view of his age, antecedents, family background, and, the manner in which the accident took place.
5. For the foregoing reasons, I hereby direct that the petitioner be released on probation under [SECTION] of the [ACT] for a period of two years subject to his furnishing personal bond, in the sum of Rs. 5, 000/- with one surety in the like amount to the satisfaction of trial Court. The petitioner shall keep peace, be of good behavior and shall undertake to appear in the Court to receive sentence, as and when called upon to do so during the aforesaid period of probation. The petitioner shall also pay Rs. 1, 000/- as costs of the proceedings. Sentence of line in this case is set aside in view of the authority of apex Court in '[PRECEDENT] ', . Fine, if already deposited, shall be converted towards payment of costs of proceedings.
6. This petition is accordingly allowed to the extent indicated above.