1. - Petitioner Haridas has been convicted under Section 304A, Indian Penal Code and sentenced to one year's rigorous imprisonment, and fine of Rs. 1000/-, and further convicted under section 279, Indian Penal Code and sentenced to two months' rigorous imprisonment and fine of Rs. 200/-, by the learned Munsif and Judicial Magistrate, Sirohi, by his judgment dated 1-6-1982. His appeal before the learned Sessions Judge has been rejected on 25-2-1987. He has, therefore, come up in revision before this Court.

2. I have heard learned Counsel for the petitioner and the learned Public Prosecutor and have gone through the record.

3. Learned Counsel for the petitioner did not challenge the conviction of the petitioner and, in my opinion rightly so. He however, urged that the Courts-below have not complied with Section 360, Cr. PC. and has not assigned any reason for not dealing with the petitioner under Section 360, Cr.PC. In the alternative, it is prayed that the petitioner has already undergone five months, rigorous imprisonment and looking to the circumstances of the case the sentence under section 304A, Indian Penal Code may be reduced to that already undergone. In support of thi