JUDGMENT 1. - This revision application is directed against the judgment dated 25.10.1985 passed by Sessions Judge, Nagaur, dismissing the appeal against the order dated 14.12.1983, passed by the Judicial Magistrate, 1st Class, whereby the applicant accused was convicted of an offence punishable Under Section 304-A for rash and negligent driving. 2. The revision application is pending for last 10 years. The petitioner was an employee driving the bus and there is evidence on record to show that the cart-driver was asleep. The possibility of accident cannot, in the circumstances, be overruled. 3. Learned counsel appearing on behalf of the petitioner submitted that the petitioner has now retired from service and he has already undergone 16 days imprisonment. 4. Taking into consideration the fact of retirement, the passage of ten years and more from the date of revision application, it is prayed that interest of justice would be met if the sentence is reduced to the one already undergone. 5. Opposing the prayer, it is submitted by the learned Public Prosecutor that offence has been proved. It is a finding of fact and no interference is necessary. 6. In my opinion, interest of justice will be met if the order of conviction is maintained and the sentence is modified. I, accordingly, modify the sentence to the one already undergone by the applicant i.e. 16 days spent by him in imprisonment and direct that the applicant shall pay a further fine of Rs. 1,500/- (One thousand five hundred only), which on realisation, be paid to the legal representatives of the deceased. The revision application is, thus, partly allowed.Revision partly allowed. *******