IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1159 of 2011 Raju Singh, son of Rajdeo Singh, resident of village- Jhakhara Ke Tola, Police Station- Manjhi, District- Saran. … Petitioner. Versus The State Of Bihar … Opposite Party. ----------- 3. 11.11.2011 The accused- petitioner has preferred this revision application against the judgment and order dated 28.7.2011 passed by the learned Additional Sessions Judge, FTC, IV, Chapra in Cr. Appeal No. 65 of 2007 by which the judgment and order dated 28.5.2007 passed by the learned Judicial Magistrate, 1st Class, Chapra in Trial No. 1570 of 2007, G. R. No. 3475 of 1996 arising out of Daudpur P. S. Case no. 73 of 1996 has been confirmed by which the petitioner has been held guilty under Section 304 A I.P.C. and sentenced to two years simple imprisonment. The prosecution case, in brief, is that on 12.10.1996 at about 7.45 P.M. one Kunwardeo Singh was going to his house from Daudpur market. As soon as he reached near the gate of police station one mortorcycle driven rashly and negligently dashed Kunwardeo Singh, as a result of which he fell down on the road and sustained head and nose injury and became senseless. The motorcycle rider also fell down 2 and taking benefit of darkeness he fled away leaving the motorcycle on the spot. The motorcyclist was recognized as Raju Singh (petitioner). The motor-cycle was brought to the police station and the injured was brought to Sadar Hospital Chapra. The injured was referred to PMCH where he succumbed to his injuries. On the fard beyan of Harendra Kumar Singh recorded in the PMCH Daudpur P. S. Case No. 73 of 1996 was registered under Sections 279, 337, 338 I.P.C. and later on 304 A I.P.C. was added vide order dated 15.10.1996 against Raju Singh (petitioner). After investigation charge-sheet was submitted under Section 274, 337 and 304 A I.P.C. against Raju Singh. Cognizance was taken and after trial the petitioner was held guilty under Section 304 A I.P.C. by judgment dated 23.5.2007 by the learned Judicial Magistrate and later on he was sentenced to undergo simple imprisonment for two years under Section 304 A I.P.C. vide order dated 28.5.2007. Thereafter, the petitioner filed Cr. Appeal No. 65 of 2007 against the aforesaid judgment and order passed by the learned Trial Court. Learned Appellate Court 3 after hearing both the parties and on perusal of the material on record found no ground to interfere with the impugned judgment and sentence and the appeal was dismissed by the judgment and order dated 28.7.2011, against this judgment this cr. revision has been filed. Learned counsel for the petitioner has submitted that the occurrence has taken place on 12.10.1996. More than 15 years have passed and the petitioner has been suffering from mental agony and he has also been in custody since 6.9.2011. He has further submitted that it is a fit case in which the sentence should be modified. Learned counsel for the State could not controvert the contention of learned counsel for the petitioner while opposing the prayer of the petitioner. After hearing learned counsel for both the parties and on perusal of the material on record it appears that the occurrence has taken place on 12.10.1996. The petitioner has been suffering from mental agony for more than 15 years and he has also been in custody since 6.9.2011. Considering the facts and 4 circumstances, in my opinion, it is a fit case in which the sentence of imprisonment should be modified. Accordingly, the sentence of the petitioner is modified to the period already undergone in custody and a fine of Rs.8000/-. The petitioner is directed to deposit the fine of Rs.8000/- in Nazarat Civil Court, Saran at Chapara and file a receipt thereof before the learned trial Court. Thereafter, the learned trial court will release the petitioner from custody in G. R. Case No. 3475 of 1996, Trial No.1570 of 2007 arising out of Daudpur P. S. Case No. 73 of 1996, if not wanted in any other case. If the amount of fine is deposited, it will be payable to P. W. 3, Harendra Kumar Singh, the son of the deceased Kunwardeo Singh. In the result, this revision application stands disposed of with the modification in the sentence to the aforesaid extent. Kanchan (Amaresh Kumar Lal, J.)