IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1873 of 2009 KAMLESHWARI PPRASAD SAH @ KAMLESHWARI SAH Versus STATE OF BIHAR ----------- 4 25.1.2010 Heard learned counsel for the parties. This revision application is directed against the judgment and order dated 29.8.2009 passed in Cr.Appeal No. 53/03 by Sri Birendra Kumar, Sessions Judge, Madhepura by which he has dismissed the appeal with modification by setting aside the conviction and sentence of the petitioner under sections 337 and 338 IPC and affirmed the conviction and sentence under section 304A IPC passed by Sri R.K.Singh, Judicial Magistrate, 1st Class, Madhepura in G.R.No. 1306/98 as well as amount of fine. Further the appellate court has reduced the sentence of the petitioner to undergo R.I. for one year from two years for the offence under section 304A IPC. Learned counsel for the petitioner is pressing this revision on the point of sentence making further submission that the death was really an accident without any negligence of the petitioner which took place in the year 1998, bus went into a ditch dug by the Telephone 2 Department while petitioner was attempting to save a car coming from front side even then he presses his sentences only that after remaining in custody since 26.11.2009 with a prayer to modify and minimize the sentence to the period undergone which I also convinced. In the result, this revision application is allowed in part on the point of sentence only that is modified and minimized to the period undergone. The conviction of the petitioner passed by the impugned judgment and order is confirmed. The above named petitioner is directed to be release forthwith after payment of fine, if not wanted in other case. Let this order be communicated to the court below through fax at the cost of the petitioner. Let the lower court record be sent down to the court below forthwith. AI ( Mandhata Singh, J.)