THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.1590 of 2004 JUDGMENT: The petitioners herein were tried by the II Additional Munsif Magistrate, Tenali in C.C.No.123 of 1998 for the offences punishable under Sections 447, 427 and 506 IPC read with Section 34 IPC. During the course of trial, the prosecution examined P.Ws.1 to 8 and marked Exs.P- 1 to P-10. On behalf of defence, none were examined and Exs.D-1 and D-2 were marked. The learned Magistrate having analysed the entire evidence by his judgment, dated 11.04.2001, found the petitioners guilty of the said offences and accordingly, convicted and sentenced accused No.1 to undergo simple imprisonment for a period of two months and to pay a fine of Rs.5,000/-, in default to undergo simple imprisonment for one month for the offence punishable under Section 427 IPC and that, A-2 to A-14 were sentenced them to undergo simple imprisonment for three months each and to pay a fine of Rs.100/- each, in default to suffer simple imprisonment for one week each for the offence punishable under Section 427 IPC and further, A-1 to A-14 were sentenced to pay a fine of Rs.500/- each for each of the offences punishable under Sections 447 and 506 IPC, in default to suffer simple imprisonment for one month each. The said judgment was questioned by filing Criminal Appeal No.237 of 2001 and the learned VI Additional Sessions Judge (Fast Track Court), Guntur, dismissed the said appeal by his judgment, dated 17.09.20004, while concurring with the said findings of the trial Court. Hence, the petitioners approached this Court and filed this Revision. The case of the prosecution, in brief, is as follows: - There was a dispute between the accused and L.W- 1-Tatineni Raghavamma regarding the land belonging to Sri Lakshmi Narasimha Swamy Devasthanam, Mangalagiri. While so, on 12.06.1998, at about 10 pm., the accused along with some others criminally trespassed into the banana garden which is under lease with L.W-1, cut away the entire crop, damaged the garden, ploughed the same with the tractors and kept the destroyed crop of banana at Krishna river and thereby, causing a loss to a tune of Rs.3,00,000/- and when obstructed, the accused threatened them with dire consequences. In this connection, on a complaint given to the Police, a case was registered and after completion of the investigation, the charge sheet was filed. When this matter is taken up for hearing, the learned counsel for the petitioners fairly conceded that it is not a case for interference on merits, but, however, requested this Court to take a lenient view having regard to the fact that the petitioners were in jail for three days. Having heard the submissions of the learned counsel, this Court looked into the record. The impugned judgment was pronounced on 17.09.2004 and immediately, the petitioners were arrested and only by virtue of the bail granted by this Court while admitting the Revision on 20.09.2004 they were released. Thus, it is clear that the petitioners were in jail for three days and it is also stated that all the petitioners-accused have paid the fine. Further, the said offence is of the year 1998. In those circumstances, this Court is of the view that a lenient view can be taken. Accordingly, the sentence of imprisonment imposed on the petitioners-accused by both the Courts below is reduced to that of the period already undergone by them, while maintaining the sentence of fine. Except the said modification in the sentence of imprisonment, in all other aspects, this Criminal Revision Case stands dismissed. ___________________________________ JUSTICE GOPALA KRISHNA TAMADA 31st March 2011 DR