THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.769 OF 2005 DATED 10th FEBRUARY, 2011. BETWEEN : Md.Shareef … Petitioner and The State of A.P. … Respondent THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.769 OF 2005 ORDER: This Criminal Revision Case is filed by the petitioner-accused challenging the judgment dated 27.04.2005 rendered in Criminal Appeal No.46 of 2001 by the I Additional Sessions Judge at Mahabubnagar. Initially, the petitioner was prosecuted in C.C.No.87 of 1998 by the learned Judicial Magistrate of First Class, Wanaparthy, wherein he was convicted by judgment dated 16.03.2001 for an offence under Section 304A of Indian Penal Code and sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs.1000/- in default to suffer simple imprisonment for three months. Aggrieved over the same petitioner preferred an appeal. In appeal, the learned Sessions Judge while confirming the conviction modified the sentence to six months rigorous imprisonment and fine of Rs.5000/- in default to suffer simple imprisonment for three months. Challenging the same, present revision has been preferred. Heard. After arguing for sometime, the learned counsel for the petitioner by not pressing the main prayer confined his arguments only 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 took place in the year 1998 and for all these years the petitioner suffered humiliation and also stigma in the society. It is represented that the petitioner is the sole breadwinner of his family and has to look after the welfare his family members. In these circumstances and after lapse of all these years, this Court is of the view that there is no necessity to send the petitioner to prison. Accordingly, the conviction and sentence imposed by the trial Court and as modified by the Appellate Court is hereby confirmed. However, the sentence of imprisonment imposed on the petitioner is hereby reduced to that of the period already undergone by him in prison. Further, the petitioner shall pay a fine of Rs.5,000/-, apart from the fine amount already imposed on the petitioner, within a period of two months from today. On failure to pay the fine amount, petitioner shall undergo simple imprisonment for three months. The remaining portion of the impugned judgment shall stand unchanged. With above modification, the Criminal Revision Case is disposed of. ________________________ JUSTICE RAJA ELANGO Dated : 10.02.2011 sur