IMPORTANT POINT
The court established that probation can be granted even at the appellate stage, emphasizing rehabilitation over punishment for first-time offenders.

JUDGMENT :

AMAN CHAUDHARY, J.

1. Challenge in the present appeal is to the judgment/order dated 24.04.2004, passed by the learned Additional Sessions Judge (Adhoc), Fast Track Court, Gurdaspur, whereby the appellant was convicted and sentenced as follows:

2. The facts in brief are that on 13.12.1997, while complainant-Uttam Singh with his brother and mother namely, Kuldip Singh and Mohinder Kaur respectively, were going on a scooter from village Bhikhariwala to Singhowal, they got struck by a tractor trolley, driven by the accused-appellant-Chattar Pal Singh. Mohinder Kaur succumbed to the injuries at the spot, whereas others also received multiple injuries in the said accident. On the basis of the statement of Uttam Singh, an FIR was registered.

3. After completion of investigation, final report under Section 173 Cr.P.C. was presented in the Court against the accused. On finding a prima facie case, charges were framed against him, to which he pleaded not guilty and claimed trial.

4. The prosecution, in order to prove its case, examined as many as 7 witnesses. Thereafter, the statement of the accused was recorded under Section 313 Cr.P.C. whereby incriminating evidence was put to him, which he denied and pleaded false implication. No evidence was led in the defence.

5. The trial Court came to the conclusion that prosecution has proved its case, and accordingly convicted and sentenced as mentioned in para No.1 above.

6. Hence, the present criminal appeal.

7. Learned counsel at the outset submits that the appellant does not wish to press the present criminal appeal on merits and prays for extending the benefit of probation under The Probation of Offenders Act, 1958, in view of the mitigating circumstances being that, he is having a minor son, nobody in the family is there to look after him as he is a divorcee and his parents have died, the incident pertains to the year 1997, first time offender and never misused the bail granted to him. Reliance is placed on Ajaib Singh vs. State of Punjab and another, CRR-2851-2009, decided on 03.03.2022

8. Learned State counsel submits that the Court below has rightly convicted the accused-appellant on the evidence produced by the prosecution. However, on the above-stated grounds, he has no objection if the prayer made by the learned counsel for the appellant is allowed.

9. Heard the learned counsel for the parties and perused the record.

10. Complainant-Uttam Singh-PW-3, who was the injured as well as eyewitness, in his statement had deposed that the tractor-trolley being driven by the appellant had hit the scooter from behind due to which they fell down and suffered multiple injuries. His mother had died at the spot. PW7-Dr.HS Dhillon proved the PMR of deceased Mohinder Kaur whereas PW-5, Dr.Rana Verma, who conducted medical legal examination proved the MLRs. Thus, the trial Court has properly examined the evidence and rightly convicted the appellant.

11. As regards the prayer made on behalf of the appellant is concerned, it would be apposite to make a reference to Section 4 of the Probation of Offenders Act, 1958, which reads thus:

“4. Power of Court to release certain offenders on probation of good conduct.-

(1) When any person is found guilty of having committed an offence not punishable with death or imprisonment for life and the Court by which the person is found guilty is of opinion that, having regard to the circumstances of the case including the nature of the offence and the character of the offender, it is expedient to release him on probation of good conduct, then, notwithstanding anything contained in any other law for the time being in force, the court may, instead of sentencing him at once to any punishment direct that he be released on his entering into a bond, with or without sureties, to appear and receive sentence when called upon during such per