THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.990 OF 2005 DATED 8th DECEMBER, 2010. BETWEEN : Kuppili Renukeswara Rao ..Petitioners-Accused and The State of A.P. ..Respondent THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.990 OF 2005 ORDER: This is a revision arising out of conviction and sentence passed by the learned II Additional District and Sessions Judge (FTC), Srikakulam, in Criminal Appeal No.41 of 2002 on 21.06.2005. Initially, the petitioner-accused was prosecuted by the learned Judicial Magistrate of First Class, Kotabommali, in C.C.No.38 of 2000 in which he was convicted under Section 255 (2) Cr.P.C. and sentenced to undergo simple imprisonment for six months and to pay a fine of Rs.2,000/-, in default to suffer simple imprisonment for forty five days for the offence under Section 304A of Indian Penal Code and further sentenced to undergo simple imprisonment for three months and to pay a fine of Rs.500/-, in default to suffer simple imprisonment for fifteen days for the offence under Section 187 of M.V. Act. Challenging the same accused filed an appeal. In appeal, the learned Sessions Judge confirmed the conviction and sentence passed by the learned Magistrate. Aggrieved over the same, present revision has been preferred by the petitioner. Heard. After arguing for sometime, the learned counsel for the petitioner by not pressing the main prayer confined his arguments to the extent of imposition of sentence and requested the Court to show some indulgence on the petitioner. In view of the said submission, this Court is of the view that merits of the Prosecution case and impugned judgment need not be adjudicated. Admittedly, the occurrence is of the year 2000 and for all these years the petitioner suffered humiliation and also stigma in the society. Further the learned counsel for the petitioner submits that the petitioner is the only breadwinner of his family. After a lapse of this long time, this Court is of the view that there is no necessity to send the petitioner to prison. Considering these circumstances, some lenience can be shown against the petitioner. Accordingly, the conviction imposed by the trial Court and as confirmed by the Appellate Court is hereby confirmed. However, considering the circumstances of the case, the sentence of imprisonment imposed on the petitioners is hereby reduced to that of the period already undergone by them in prison. Further, petitioner is directed to pay a sum of Rs.2,000/- towards fine apart from the fine amount already paid by him. Fine amount now imposed shall be paid within a period of four weeks from the date of receipt of a copy of this order. In default to undergo simple imprisonment of one month. The remaining portion of the impugned judgment shall stand unchanged. With above modification, the Criminal Revision Case is disposed of. ________________________ JUSTICE RAJA ELANGO Dated : 08.12.2010 sur