Narendra Kumar Jain, J. - (1.) HEARD the learned Counsel for the parties.
(2.) THIS appeal under Section 374(2) Code of Criminal Procedure is directed against the impugned judgment and order dated 19.10.1987 passed by the Additional District & Sessions Judge No. 2, Alwar in Sessions Case No. 41/83(14/82), whereby Appellant was convicted and sentenced under Section 304A IPC to one year's rigorous imprisonment. Learned Counsel for Appellant argued the appeal on merits, but during the course of arguments, being satisfied that on the basis of prosecution evidence, prima -facie offence under Section 304A IPC is made out against Appellant, he did not press the appeal on merits and submitted that maximum sentence prescribed under Section 304A IPC is only two years imprisonment, therefore, either benefit of probation may be granted to Appellant, or, as he remained in jail for nine days from 12.01.1982 to 21.01.1982, his sentence of imprisonment may be reduced to a period of imprisonment already undergone by him, looking to his age i.e. about 99 years and further that incident relates to the year 1981 i.e. 29 years old.
(3.) LEARNED Counsel for the State supported the impugned judgment passed by the trial Court.;