HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No: 370 OF 2004 Dated 16-6-2010 Between: Damera Swamy and others. …Petitioners. And: The State of Andhra Pradesh, represented by Public Prosecutor, High Court of Andhra Pradesh, Hyderabad. …Respondent. HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No: 370 OF 2004 ORDER: This Criminal Revision Case is filed under Sections 397 and 401 of Cr. P. C. challenging the judgment in Criminal Appeal No.162 of 2002 on the file of the V Additional Sessions Judge, Warangal whereunder and whereby, the conviction and sentence of 2 years S.I. and fine of Rs.100/- for the offence punishable under Section 325 read with 34 I.P.C. and sentence of one year S.I. for the offence punishable under Section 324 read with 34 I.P.C. imposed by the learned Magistrate, was confirmed. The facts of the case in brief are: On 21-3-1999, P.W.1-Damera Pochaiah along with his brother P.W.2-Damera Mallaiah went to the house of his uncle to attend the 10th day ceremony of Damera Komuraiah; the elder brother’s son of P.W.1 by name Rajamouli asked P.W.2 Mallesham as to why he has not come to dig the burial pit of Damera Komuraiah. Meanwhile A.1 and A.2 abused P.Ws.1 and 2. A.1 to A.3 beat P.W.2 with sticks. When P.W.1 intervened, one Damera Ramesh and A.3 Velpula Kommalu beat him with stick. On the basis of the complaint given by P.W.1, a case in Crime No.40 of 1999 was registered for the offence under Section 325 read with 34 I.P.C. Learned counsel for the petitioners after arguing for some time confined his argument only in connection with the question of sentence. He further argued that the occurrence is pertaining to the year 1999 and all the petitioners are aged about more than 50 years and they suffered humiliation from 1999 and they have no intention to commit the offence and the said offence took place only due to sudden quarrel between the relatives concerned. On the other hand, the learned Public Prosecutor has not raised any serious objection for reduction of sentence. Considering the above facts and circumstances of the case, this Court is of the view that it is a fit case to confirm the conviction and modify the sentence of imprisonment for one month. Hence, the conviction is confirmed and the sentence of imprisonment is modified for one month. The record shows that the accused already suffered imprisonment for one month and hence the said period is directed to be set off. Accordingly, this Criminal Revision Case is disposed of. __________________________ JUSTICE RAJA ELANGO Dated 16-06-2010. Dvs HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No: 370 OF 2004 Dated 16-06-2010