JUDGMENT 1. - This revision has been filed by the petitioner against the judgment dated 5.12.2001 passed by Special Judge, SC/ST Cases, Tonk in Cr. Appeal No. 9/2000, whereby the appeal filed by the petitioner has been dismissed and the judgment dated 9.5.2000 passed by Addl. Chief Judicial Magistrate, Tonk in Cr. Case No. 141/1996, convicting the petitioner for the offence under Section 279, 337, 338 and 304A IPC and sentencing him as under, has been affirmed.U/s. 279 IPC: To undergo 3 months' RI with fine of Rs. 500/-; in default of payment of fine to further undergo 15 days imprisonmentU/s. 337 IPC: To undergo 3 months' RI with fine of Rs. 250/-; in default of payment of fine to further undergo 10 days imprisonmentU/s. 338 IPC: To undergo 3 months' RI with fine of Rs. 250/-; in default of payment of fine to further undergo 10 days imprisonmentU/s. 304A IPC: To undergo 6 months' RI with fine of Rs. 500/-; in default of payment of fine to further undergo 15 days imprisonment 2. Without going into the merits of the case, learned counsel for the petitioner has contended that he is not challenging the conviction part of the judgments of the courts below, but he is only requesting to this Court that looking to the fact the matter pertains to the year 1996 which is about 18 years ago from today approximately, the accused petitioner has remained in confinement for about 7 days; the petitioner belongs to a respectable family, having a large family dependent upon him; and he is not the habitual offender; either he should be given the benefit of probation and if not, then he should be released for the period already undergone by him in confinement, as indicated here-in-above. 3. Learned PP appearing for the State has opposed the same. 4. I have heard learned counsel for the parties and carefully perused the relevant material on record. 5. Looking to the facts and circumstances of the case and keeping in mind the arguments of learned counsel for the parties, I do not think it proper to release the accused petitioner on probation, but in my view, ends of justice would be met if the sentence awarded to the petitioner is reduced to the period already undergone by him in confinement, as indicated here-in-above.
Hence, this revision petition is disposed of with the following directions: (i) The conviction of the petitioner as awarded by the trial court and affirmed by the appellate court is maintained. (ii) The sentence of the petitioner is reduced to the period already undergone by him in confinement, as indicated above. (iii) The sentence of the accused petitioner was suspended and he is on bail. He need not to surrender and his bail bonds stand cancelled. Impugned judgments stand modified, as indicated hereinabove.Petition disposed of. *******