1 S.B. CRIMINAL REVISION PETITION NO.647/2008 Gurbhej @ Gurmej Singh Vs. State of Rajasthan Date of Order :: 25-07-2008 HON'BLE MR. JUSTICE DEO NARAYAN THANVI Mr. D.L. Rawla, for the petitioner. Mr. L.R. Upadhyay, PP. Heard learned counsel for the parties. This is a revision against the judgment of the learned Additional Sessions Judge, Raisinghnagar, whereby he confirmed the judgment of the learned Chief Judicial Magistrate, Raisinghnagar who convicted the petitioner under Section 279 with one month simple imprisonment, under section 337 with one month simple imprisonment and 338 IPC with three months simple imprisonment. All the sentences were ordered to run concurrently. However, no fine was imposed, but petitioner was directed to pay Rs.3,000/- as compensation to injured Dharamdas. Charge against the accused petitioner was that on 11.6.1998 at 8.30 p.m., when injured Dharamdas was coming on Motorcycle, he collided with the tractor of accused petitioner 2 Gurbhej Singh who was driving it in a rash and negligent manner. After investigation, police filed the challan and upon trial, he was convicted as above. Learned counsel for the petitioner submits that during trial and after dismissal of the appeal, petitioner has remained in custody for about one month, therefore instead of maximum three months, he should be sentenced to the period already undergone. Learned counsel also submits that in case, the compensation amount has not been deposited, the petitioner shall deposit the same before release. Consequently, this revision petition is allowed in part. While maintaining the conviction of the accused under Section under Section 279, 337 and 338 IPC, he is sentenced to the period already undergone. Accused-petitioner be released forthwith,if not required in any other case. [DEO NARAYAN THANVI],J. Praveen