R.S. Garg, J.

1. The applicant being aggrieved by the judgment dated 23rd March, 2001 passed in Criminal Appeal No. 326/99 by the learned Sessions Judge, Raipur, confirming the conviction of the applicant under Section 304A read with Section 201, IPC recorded by the learned Judicial Magistrate, First Class, Raipur in Criminal Case No. 349/98 on 3-8-99, has filed this revision petition.

2. It is to be noted that the learned Trial Judge after convicting the applicant under Section 304A, IPC awarded 1 1/2 years R.I. and imposed fine of Rs. 1,000/- and in default of payment of fine to undergo further R.I. for three months and, awarded six months R.I. and imposed fine of Rs. 500/- and in default of payment of fine to undergo further R.I. for one month, for offence under Section 201, IPC. But the learned Appellate Court, partly allowed the appeal; while up-holding the conviction, the learned Sessions Judge reduced the jail sentence awarded under Section 304A, IPC from 1 1/2 years to 1 year and 6 months to 3 months for offence under Section 201, IPC; but maintained the imposition of fine for each offence.

3. The prosecution case in brief is that the applicant/accused did not possess reg