1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR JUDGMENT RAMESH KUMAR VS. STATE OF RAJASTHAN. SB Criminal Revision Pet. No. 359 OF 1999 under Section 397 read with section 401 Cr.P.C. against the order dated May 17, 1999 of Special Court (Communal Riots/ Man Singh Murder Case) Jaipur in Criminal Appeal No. 10 of 1998 whereby appeal filed by the accused petitioner was rejected and the order dated August 2, 1997 of Judicial Magistrate No.13 Jaipur City in Criminal Case No. 364 of 1994 whereby the petitioner was convicted under section 279 IPC and sentenced to 15 days SI and fine of Rs. 500/- and under section 304 A IPC and sentenced to one month SI and fine of Rs. 500 and in default Five and Twenty days SI additionally. Date of Order : April 9, 2009 PRESENT HON’BLE MR. JUSTICE MAHESH CHANDRA SHARMA Mr. M.K.Kaushik, for the petitioner. Mr. Peeyush Kumar, Public Prosecutor. BY THE COURT : This revision petition has been filed by the petitioner Ramesh Kumar against the order dated May 17, 1999 of Special Court (Communal Riots/ Man Singh Murder Case) Jaipur in Criminal Appeal No. 10 of 1998 whereby appeal filed by the accused petitioner was rejected and the order dated August 2, 1997 of Judicial Magistrate No.13 Jaipur City in 2 Criminal Case No. 364 of 1994 whereby the petitioner was convicted under section 279 IPC and sentenced to 15 days SI and fine of Rs. 500/- and under section 304 A IPC and sentenced to one month SI and fine of Rs. 500 and in default Five and Twenty days SI additionally. 2. The learned counsel for the petitioner has not challenged the conviction part of the judgment of the Special Court (Communal Riots/ Man Singh Murder Case) Jaipur whereby appeal filed by the accused petitioner was rejected and the order dated August 2, 1997 of Judicial Magistrate No.13 Jaipur City whereby the petitioner was convicted under section 279 IPC and section 304 A IPC and he was sentenced to 15 days SI and fine of Rs. 500/- and one month SI and fine of Rs. 500 and in default Five and Twenty days SI additionally. The learned counsel for the petitioner made simple request to this court for reducing the period of sentence to the period already undergone by the petitioner in confinement, which is 9 days in the instant matter. The learned Public 3 Prosecutor opposed this submission. The incident in the instant matter took place on January 16, 1994, which is 16 years ago. In these circumstances while maintaining the conviction of the petitioner under sections 279 and 304 A IPC, his sentence is reduced to the period already under gone by him. The petitioner is on bail, his bail bonds stands canceled and he need not surrender. 3. For these reasons, the conviction of the petitioner under sections 279 and 304 A IPC is maintained but his sentence is reduced to the period already under gone by him. Since the petitioner is on bail he need not to surrender and his bail bonds stands discharged. As the main petition has been disposed the stay application also stands disposed. (Mahesh Chandra Sharma) J. OPPareek/