JUDGMENT 1. - Heard learned counsel for the parties. 2. In this revision petition against an order dated 25.6.90 of Sessions Judge Jhunjhunu in cr.app. No.78 of 1984 which was filed against the judgment dated 3.4.1984 of the Chief Judicial Magistrate Jhunjhunu in cr. case No. 73/1980 whereby the conviction of the petitioner under Section 326 & 324 IPC was upheld in addition to his sentence under both the counts and the petitioner was sentenced as under : Under section 326 IPC - l year's R.I. with a fine of Rs. 250, (in default further 1 month's R. I.) Under section 324 IPC - 6 months' R. I. learned counsel for the petitioner Sarva Shri Rathore & Naruka do not want to assail the judgment under revision on merits and confined their submissions to the quantum of sentence to a term already undergone. 3. To the above submission learned Public Prosecutor has no objection. 4. According to the learned counsel for the petitioner the petitioner remained in prison for about more than five months out of the awarded sentence on one year's R.I.; the petitioner is suffering from tuberculosis disease and his age was 18 years at the time of his arrest on 28.5.1980; and he remained on bail during the pendency of trial and the appeal; the incident took place in the year 1980 and for last about 10 years. the petitioner has been leading a settled 1ife inasmuch as the passage of time would modify the sting which may cause if the appellant is sent behind the bar after efflux of time from 1980 till date of about 10 years. 5. Having considered the facts and circumstances of the case and the submissions stated above I find nothing on record to show that it is impossible to reform and rehabilitate the petitioner or that his actions betrayed a callous indifference towards the welfare of society nor it shoes that the appellant was so perpetually at war with society that there is no hope of ever reclaiming him from being a menace to society. Looking to the character age and antecedents of the appellant and extenuating circumstances apart from having benefited by the enlightments derived from the decisions reported in 1989 R.Cr.C 219 1986 Cr.L.R. (Raj.) P.9 & 1973 SC(AIR) P.2127 & 2200 I feel it just and proper to reduce the sentence of the petitioner and the ends of justice will meet if the petitioner's sentence is reduced to the period already undergone. 6. I' accordingly, allow this revision petition in part and while maintaining the conviction of the petitioner under both the counts I reduce his sentence of one year 's R.I. to a period of imprisonment already undergone by him. Petitioner Sumer Singh presently confined in jail is ordered to be released forthwith if not required in any other case. To the above extent the judgment under revision is modified. The record of the case be sent back forthwith.Revision partly allowed. *******