Delhi District Court
Ram Avtar vs Nct Of Delhi on 26 November, 2010
IN THE COURT OF SMT. PRATIBHA RANI,
DJIIICUMASJ (WEST), DELHI
***
CA No.29/07
Unique Case ID No.02401C0750012007
Ram Avtar
S/o Sh. Ganpat Ram,
R/o Villae Daryapur Khurd,
Post Ujjwa, P.S. Jafarpur,
New Delhi. ...... Appellant
Versus
NCT of Delhi. ...... Respondent
Date of Institution : 03.08.2007
Date when reserved for orders : 26.11.2010
Date when order pronounced : 26.11.2010
ORDER
The present appeal has been preferred by the Appellant Ram Avtar challenging the judgment dated 12.07.2007 and order on sentence dated 16.07.2007 passed by ld. Trial Court vide which Appellant was convicted under Sec.279/304A IPC and sentenced to undergo RI for five months and to pay a fine of Rs.500/ and in default, to undergo SI for five days under Sec.279 IPC and RI for six months and to pay a fine of Rs.500/ and in default, to undergo SI for five days under Sec.304A IPC.
2. Notice of the appeal was given to the State. TCR was summoned and perused. I have also heard Sh. C.M. Maini, ld. counsel for the Appellant and Sh. S.C. Sharma, ld. Addl.PP for the State.
3. During the course of arguments, Sh. C.M.Maini, ld. counsel for the (CA No.29/07) ( 1 of 3 ) Appellant has given up the challenge to the conviction of the Appellant on merits and prayer has been made that in the facts and circumstances of the case, he may be enlarged on probation. It has been further submitted by him that the Appellant in this case was a DTC driver facing trial since 1998. He was convicted in July 2007 after facing agony of trial for about nine years and now appeal is pending for the last three years. It has been further submitted that the Appellant who was serving DTC had clean antecedents and was not involved in any other case except the present one. It has been further submitted that the deceased in this case expired after three days of the accident and the postmortem report regarding cause of death remained unproved and it has been exhibited by ld. Trial Court while dictating the judgment. It has been submitted that in the facts and circumstances of the case that Appellant had regularly been attending the trial and had already suffered enough for the reason that the bus No.DL1P9237 being driven by him was involved in an accident, a lenient view may be taken. Ld. counsel for the Appellant has relied upon Suresh Kumar Vs. State 74 (1998) DLT 607, Abdul Subhan Vs. State (NCT of Delhi) 2006 (3) JCC 1797, Aitha Chander Rao Vs. State of Andhra Pradesh 1981 (Supp) SCC 17, Vaswa Nand Vs. State 2002 (1) JCC 96, Sardool Singh Vs. State of Punjab 2009 (3) C.C. Cases (HC) 54 and Pappan Vs. State (Govt. of NCT of Delhi) 2010 (1) JCC 64 in support of his contention.
4. In the peculiar facts and circumstances of the case, Ld. Addl.PP for the State has not opposed the prayer for a lenient view i.e. releasing the Appellant on probation.
5. Taking into consideration the entire facts and circumstances of the (CA No.29/07) ( 2 of 3 ) case, the age of the Appellant, long ordeal of trial faced by him and also in view of the fact that injured expired after three days of the accident and postmortem report regarding cause of death remained unproved, I think it would meet the ends of justice if the benefit of probation is extended to the Appellant Ram Avtar. Accordingly, Appellant Ram Avtar is ordered to be released on probation for a period of two year on his furnishing bond of good conduct and behaviour in the sum of Rs.25,000/ with one surety in the like amount and he is directed to appear and receive the sentence as and when called upon during this period and in the meantime to keep the peace and be of good behaviour. Appellant is also directed to deposit Rs.25,000/ towards the cost of proceedings u/s 5(1)(b) of Probation of Offender Act, 1958. TCR alongwith copy of this order be sent back and appeal file be consigned to record room.
Announced in the open Court (PRATIBHA RANI)
26.11.2010 DJIIIcumI/c ASJ (West)/Delhi
(CA No.29/07) ( 3 of 3 )