JUDGMENT N.L. Ganguly, J. - This revision is directed against the judgment and order passed by VIII Additional Sessions judge, Aligarh under Sections 279/337/427 I.P.C. sentencing the applicant to undergo R.I. for a period of three months under Sections 229 and 337 I.P.C. each and six months R.I. under Section 427 I.P.C. and imposing fine of Rs. 500/- each for the offence under Sections 229/337 I.P.C. and Rs. 1000/- for the offence under Section 427 I.P.C. It was also directed that, in case the amount of fine was recovered, Rs. 1000/- be paid as compensation to Asharfi Lal, owner of the buffalo and Rs. 250/- per injured children namely Pappu and Kallu to their parents/guardians. 2. I have heard the learned Counsel for the applicant and perused the judgment in question. The learned courts below have recorded the finding that the applicant was driving the vehicle rashly and negligently and after appreciating the evidence on record convicted and sentenced the applicant as aforementioned. The findings recorded by Courts below is on appreciation of evidence and am not willing to interfere with it. 3. I have heard the learned counsel for the applicant. I am of the opinion that the incident is of 1985 in month of October. About five years time has lapsed. The applicant has already faced the trial in the trial court and the appellate court. In the interest of justice, I consider that instead of sentencing him to jail, some fine is imposed in place of sentence of imprisonment, that would serve the purpose of the present case. The learned counsel for the applicant has consented that he will not treat the conversion of sentence of imprisonment to fine as enhancement of punishment. 4. I have heard the learned Additional Government Advocate also. He has no objection in disposing of the revision at the admission stage finally. In the circumstances, I modify the sentence under Sections 279/337 and place of three months R.I. on each count, the applicant is sentenced to pay a fine of Rs. 1,000/- on each court and for offence under Section 427 I.P.C.,the sentence of six months' R.I. is modified and is substituted by a sentence of fine of Rs. 2,000/-. This amount of fine will replace the sentence of imprisonment only. The other amount of fine as imposed by the courts below shall remain as it is. 5. 1,000/- on each court and for offence under Section 427 I.P.C.,the sentence of six months' R.I. is modified and is substituted by a sentence of fine of Rs. 2,000/-. This amount of fine will replace the sentence of imprisonment only. The other amount of fine as imposed by the courts below shall remain as it is. 5. The applicant shall be released on furnishing certified copy of this order before the court below with an understanding that the amount of fine as modified by me today and already imposed by the court below be deposited within a period of two months from the date of release. In case the amount of fine is not deposited in the court below within the said, period, the order modifying the sentence of imprisonment shall stand automatically vacated and the conviction and sentence passed by the Courts below shall remain intact. The Court below would take necessary action for the arrest of, the applicant for serving out the sentence and for recovery of fine as imposed by the Courts below. 6. Out of total amount of fine if recovered from the applicant, a sum of Rs. 4,000/- shall be paid to Asharfi Lal, owner of the buffalo or his legal representative as compensation for the killing of the buffalo and Rs. 1,000/- each shall be paid to the parents or. guardians of the injured Pappu and Kallu. 7. With these observations the revision is disposed of accordingly. 8. A certified copy of this order may be given to the learned counsel for the applicant on payment of usual charges within 48 hours.