IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1256 of 2010 RAJENDRA CHAUHAN S/O GANOURI CHAUHAN --- PETITIONER Versus STATE OF BIHAR . --- OPP. PARTY For the Petitioner : Mr. Sanjay Kr.Mishra, Advocate. For the State : Mr. Jharkhandi Upadhyay, APP ----------- 02 24.08.2010 Heard both sides. Rule confined to question of sentence only. Learned A.P.P. waives notice on behalf of the State. With the consent of the parties present revision application is being disposed of at this stage itself. Petitioner was proceeded against in a case instituted under Sections 279 and 304A of the Penal Code on the allegation that while driving the motorcycle rashly and negligently he dashed against the brother of the informant (PW1) as a result whereof he sustained injury and died. Learned trial Court sentenced him to undergo S.I for 01 years and S.I. for 06 months under Sections 304A and 279 of the Penal Code respectively. The appeal preferred by the petitioner being Cr. Appeal no. 03 of 2009 was dismissed. The conviction and sentence recorded by the learned trial Court was confirmed. Learned counsel for the petitioner submits that the present was the first offence of the petitioner. The occurrence had taken place on 15.04.2002. He was made to fight the present criminal prosecution and thereby reel under the threat of being 2 prosecuted for about 07 years. The age of the petitioner at the time of conviction was recorded as 40 years. It is contended that a lesser quantum of sentence in the facts and circumstances of the case would meet the end of justice. Learned APP, on the other hand supported the findings recorded by the two Courts below. I have considered the submissions advanced on behalf of the parties. It is found that the occurrence had taken place on 15.04.2002 whereas the trial Court recorded the conviction on 06.02.2009. It is further found from the trial Court judgment that petitioner was first offender as no previous conviction was found against him. Petitioner must be close to 50 years by now. In the facts and circumstances of the case I am satisfied that a lesser punishment shall sub serve the cause of justice. Accordingly, the sentence(s) recorded under Section 304A is reduced to S.I. for 06 months and is imposed a fine of Rs. 1000/- (One thousand) in default whereof, he shall further undergo S.I. for 01 months. Other part(s)/ condition(s) of the sentence(s) shall remain unaltered. With this modification in sentence(s), the application is dismissed. Sym ( Kishore K. Mandal, J.)