IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.32 of 2010 RAM AUTAR KUSHWAHA, S/o late Sita Ram Kushwaha, R/o Vill. Suhawal, P.S. Chainpur, Dist-Kaimur (Bhabua) Versus The STATE OF BIHAR ----------- 10/ 13.05.2010 Heard learned counsel for the petitioner and learned counsel for the State. The revision application is filed against the Judgment and order dated 15.09.2009 passed in Cr. Appeal No. 46 of 2007/8 of 2007 by the Additional District and Sessions Judge, F.T.C.-I, Kaimur (Bhabhua) and the order dated 08.08.2007 passed by the learned J.M., Ist Class, Kaimur (Bhabua) in G.R. Case No. 304 of 1998, Tr. No. 1125 of 2007 arising out of Chainpur P.S. Case No. 30 of 1998. Sentence is only pressed referring award of maximum sentence under Section 304(A) of the I.P.C. for two years and further six months for 279 of the I.P.C. for a single act. Really, a school going boy was killed allegedly due to negligence of petitioner’s driving of the tractor, while reality was that it was the fault of the boy itself, who attempted to come on the tractor. Further, submission of the learned counsel for the petitioner is that in any case conviction in both the sections can never be justified and his last submission is that really, if it was the petitioner’s negligence then 2 also he is remaining in custody since 21.12.2009. That period may be observed sufficient towards sentence. I agree with the submission of the learned counsel for the petitioner. Accordingly, the revision application is partly allowed on the point of sentence which is minimized and modified to the period undergone and the above named petitioner is directed to be released forthwith, if not wanted in any other case and he is exempted from the fine imposed by the Court below. Rest of the Judgment and order dated 15.09.2009 passed by the Additional District and Sessions Judge, F.T.C.-I, Kaimur (Bhabhua) in Cr. Appeal No. 46 of 2007/8 of 2007 and the order dated 08.08.2007 passed by the J.M., Ist Class, Kaimur (Bhabua) in G.R. Case NO. 304 of 1998, Tr. No. 1125 of 2007 (arising out of Chainpur P.S. Case No. 30 of 1998) are hereby affirmed. Let the order be communicated to the trial court through F.A.X. at the cost of the petitioner. Shail ( Mandhata Singh, J.)