JUDGMENT 1. - This revision petition is against the appellate judgment dated 19.6.99 passed by the learned Sessions Judge, Merta, whereby he upheld the conviction of the petitioner under Sections 304-A, 279 and 337 IPC and the sentence of 6 months S.I. and fine of Rs. 500 under the first count and 3 months S.I.and fine of Rs. 250 under each of the two remaining counts. 2. It is not necessary to state the facts of the case as Mr. Joshi frankly concedes that the prosecution has successfully brought home the guilt of the accused. He does not challenge the conviction of the petitioner. His only submission is that as the occurrence had taken place some 6 years before and the petitioner has already remained in custody for two months, this sentence may be reduced to the period already undergone by him. 3. I have gone through the record of the case. The case relates to an occurrence which took place on 10.12.93. Deceased Birbal was travelling in the tractor. Because of the excessive speed of the tractor, the front tyre of the tractor got detached from the suspension and the tractor turned turtle causing the death of Birbal. The prosecution has examined Shesha Ram (PW 1), Mohan Ram (PW 2), Durga Ram (PW 3) and Ramchandra (PW 4) as the eye-witnesses. The witnesses depose that because of the excessive speed of the tractor the spindlier gave way and the tyre got detached from the system and there was an accident. There is no cause to disbelieve the testimony of the witnesses. By the evidence of the prosecution it is fully established that the accident had occurred because of the driving of the tractor by the petitioner rashly. The trial Court has, thus, rightly found the petitioner guilty under Section 279, 337 and 304-A IPC. 4. Coming to the sentence. It is noticed that the petitioner has already remained in custody for two months. Taking all the facts and circumstances into consideration, I think the ends of justice would be met if the sentence of imprisonment is reduced to the period already undergone by the petitioner under all the counts maintaining the amount of fine. 5. Consequently, the revision petition is partly allowed. While maintaining the conviction of the petitioner, the sentence of imprisonment under the counts is reduced to the period already undergone by him.
5. Consequently, the revision petition is partly allowed. While maintaining the conviction of the petitioner, the sentence of imprisonment under the counts is reduced to the period already undergone by him. If the amount of fine is deposited and the petitioner is not required in any other case, he shall be released forthwith.Revision partly allowed. *******