JUDGMENT

T. C. Das, J. - This revision petition is directed against the order of acquittal passed by the learned Appellate Court below in Criminal Appeal No 8(2) of 1978 and Criminal Appeal No. 14, 21 of 1978. The learned Sessions Judge disposed of both the appeals by a common judgment dated 9th, August, 1979. The Criminal Appeal No 8(2) of 1978 was preferred against the order of conviction of the accused (Respondent No. 1 herein) who was convicted under section 304-A of the Indian Penal Code by the learned trial Court. While considering to inflict the sentence, the learned trial Court released the accused with certain conditions under section 4 of the Probation of Offenders Act but imposed penalty of a fine of Rs. 1000/- with a direction to pay the said amount of penalty to the family of the deceased within three months from the date of the order. The other appeal, viz. Criminal Appeal No 44(2) of 1978 was preferred by the State against the order of release of the accused under the provision of Section 4 of the Probation of Offenders Act. The learned Sessions Judge heard both the appeals together and by a common judgment acquitted the accused by setting aside the conviction and se