1 S.B.CRIMINAL REVISION PETITION NO. 331/1994 GORKHA RAM Vs. STATE OF RAJASTHAN Date of Order :: 19.11.2009 HON'BLE MR. JUSTICE GOVIND MATHUR Mr.Pradeep Choudhary, for the petitioner/s. Mr. A.R. Nikub, Public Prosecutor for the State. ... This revision petition under Section 397 read with Section 401 Cr.P.C. is preferred to assail validity, correctness and propriety of the judgment dated 5.9.1994 passed by learned Sessions Judge, Barmer affirming conviction recorded and sentence awarded by the Chief Judicial Magistrate, Barmer to the accused-petitioner vide judgment dated 18.10.1993. Learned Chief Judicial Magistrate by the judgment and order aforesaid convicted the accused-petitioner for offence punishable under Section 279 and 304-A IPC and awarded sentence of undergoing one month's simple imprisonment with a fine of Rs.200/- and to further undergo seven days' simple imprisonment in the event of default in payment of fine for the commission of offence under Section 297 IPC and six months' simple imprisonment with a fine of Rs.800/- and to further undergo two months' additional simple imprisonment in the event of default in payment of fine for the commission of offence under Section 304-A IPC. After having gone through the judgments of the courts below, I do not find any reason to interfere with merits of the case. The only question that requires consideration is that whether the present one is a case fit to release the accused- petitioner on probation. From the judgments of courts below and 2 record available, it appears that victims of the accident have entered into an agreement with the accused. Besides that, it also appears that speed of the truck at the relevant time was 40kms. per hour. Having considered peculiar facts and circumstances of the case, I think it eminently a fit case in which the petitioner may be released on probation. Accordingly, the sentence of imprisonment is suspended and while maintaining the fine imposed by the trial court, the accused-petitioner be released on probation of good conduct as per provision of Section 4 of the Probation of Offenders Act, 1958 and Section 361 Cr.P.C. The appellant shall execute a bond of Rs.5000/- for maintaining peace and good behaviour for a period of one year and if he violates any condition of the bond, he may be called upon to surrender before the trial court and serve remaining part of the sentence. The revision petition stands disposed of, accordingly. (GOVIND MATHUR), J. rm/