HON’BLE SRI JUSTICE G. KRISHNA MOHAN REDDY CRIMINAL REVISION CASE NOs.871 of 2004 and 1201 of 2004 COMMON ORDER: Both the Criminal Revision cases are directed against judgment dated 12.05.2004 passed by the V Additional District and Sessions Judge, Guntur, in Crl.A.No.102 of 2002, whereby and whereunder conviction and sentence imposed in S.C.No.1037 of 2000 dated 05.03.2002 by the Principal Assistant Sessions Judge, Tenali, was confirmed. As the impugned judgment challenged in both the revision cases is one and the same, common order is to be passed for the both. The revision petitioners are A.1 to A.4 in S.C.No.1037 of 2000 and appellants in the appeal. For convenience sake, I refer the parties as arrayed in the Sessions Case. It is necessary to note briefly the prosecution version which is as follows: on 11.04.2000 at about 08.30 a.m., the de-facto complainant- P.W.1-Simhadri Siva Prasad along with P.W.2 in the case were going to their houses and on the way A.1 to A.4 in the case attacked them with knives and stabbed on the vital parts of P.Ws.1 & 2 with an intention to kill them and caused injuries and then escaped from the scene of offence and then they were shifted to the Government hospital by Simhadri Rama Mohana Rao for treatment. Further on intimation given by P.W.6 Dr.T.Kamalakara Prasad, C.A.S., District Hospital, Tenali, P.W.7-Head Constable 1128 of Tsundur P.S. visited the hospital and recorded the statement of P.W.1 on the basis of which the case was registered in Crime No.20 of 2000 for offences punishable under Sections 307, 324 read with 34 IPC. Later the police conducted necessary investigation and filed charge sheet. The injured were examined as P.Ws.1 and 2 and further 7 other witnesses were examined as P.Ws.3 to 8 including medical officers who examined the injured persons and also the investigating officer in the case and got marked Exs.P.1 to P.11 and M.O.1 knife. For A.1 to A.4 nobody was examined but Ex.D.1 which is relevant portion of 161 Cr.P.C. statement of P.W.2 was marked. After observing necessary formalities and examining the material available the trial Court found the accused guilty of committing the offence punishable under Section 307 IPC and sentenced them to undergo rigorous imprisonment for two years and also to pay a fine of Rs.500/- and in default of paying the fine amount, to suffer simple imprisonment for one month whereas aggrieved by the judgment of the trial Court the appeal was preferred which was dismissed by the appellate Court. It is contended by the learned counsel for the revision petitioners- A.1 to A.4 that there was a counter case concerned in Crime No.19 of 2000 for offences punishable under Section 324 read with 34 IPC on the file of the same police station against P.Ws.1 & 2 which was also tried before the same Court as C.C.No.241 of 2000 simultaneously but which ended in the acquittal of them and though A.1 received injuries in that case at the same time they were not explained and even though it is observed by the trial Court that no explanation was given with regards to the injuries caused to A.1 ultimately, without answering it properly held that A.1 to A.4 committed the alleged offence punishable under Section 307 IPC and sentenced them basing upon the other material available. It is further contended that A.1 and A.2 were in jail totally for eight months and A.3 and A.4 who is a lady, were totally in jail for two months fifteen days and the sentences may be reduced to the period of detention already undergone by them. Having regard to the evidence adduced and also the arguments advanced and further the periods of detention undergone by A.1 to A.4, I feel that it is desirable to reduce the sentences imposed against them to the period of detention already undergone by them respectively. Accordingly the sentence of imprisonment imposed by the trial Court and confirmed by the appellate Court is reduced to the periods of detentions already undergone by A.1 to A.4 while retaining the fine clause. In the result, the Criminal Revision Case is dismissed subject to the above noted modification. ______________________________ JUSTICE G. KRISHNA MOHAN REDDY 05.08.2011 VJL