JUDGMENT 1. - Learned Judicial Magistrate Ist Class, Dhariyavad by his judgment dated 19.8.1996 convicted the petitioner for offences punishable under Sections 279, 337 and 304-A I.P.C. and sentenced as under : Section 279 I.P.C. : A fine of Rs. 500/- in default to undergo 15 days' simple imprisonment. Section 337 I.P.C. : A fine of Rs. 500/- in default to undergo 15 days' simple imprisonment. Section 304-A I.P.C. : 6 months' simple imprisonment and a fine of Rs. 5000/- in default to further undergo 1 month's simple imprisonment. 2. An appeal giving challenge to the same also came to be rejected by learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Udaipur vide judgment dated 4.3.1997.3. To challenge the same, this revision petition is preferred that is barred by limitation for a term of 5061 days. An application as per provisions of Section 5 of the Limitation Act, 1963 is preferred with assertion that no information about disposal of the appeal was ever given to him by his lawyer. He came to know about the judgment only after his arrest i.e. on 14.2.2011.4. It is submitted by learned counsel for the petitioner that as a matter of fact, the substantial period of sentence has already been undergone by the petitioner and therefore, looking to this position and also that the petitioner is coming from lower Echelons, the delay caused in filing the revision petition be condoned.5. Having considered all the facts, especially the fact that the petitioner was never informed about dismissal of the appeal, I deem it appropriate to condone the delay in filing the revision petition.6. With the consent of learned Public Prosecutor, I have also heard the revision petition itself on merits.7. On considering the judgments impugned, I do not find any wrong with the conviction recorded, however, looking to the fact that the incident in question is of the year 1985 and also the petitioner is at mature stage of age, it would be appropriate to modify the sentence awarded by the trial Court and confirmed by the appellate Court by the terms of imprisonment already undergone by the petitioner with a fine of Rs. 1,000/-.8. The revision petition is disposed of accordingly, by modifying the sentence for the offence under Section 304-A I.P.C. from six months simple imprisonment with a fine of Rs. 5,000/- to the imprisonment already undergone, with a fine of Rs.
1,000/-.8. The revision petition is disposed of accordingly, by modifying the sentence for the offence under Section 304-A I.P.C. from six months simple imprisonment with a fine of Rs. 5,000/- to the imprisonment already undergone, with a fine of Rs. 1,000/- and further to undergo seven days' simple, imprisonment in the event of default in payment of fine. The convict be released forthwith, if not required in any other case.Revision partly allowed. *******