THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.711 of 2011 JUDGMENT: This Criminal Revision Case is directed against the judgment, dated 17.09.2010, made by the Sessions Judge (VII Additional Sessions Judge, Family Court), West Godavari Division, Eluru in Crl.A.No.152 of 2010, confirming the judgment, dated 8.2.2010 passed in C.C.No.188 of 2008 by the Judicial Magistrate of First Class, Chintalapudi, West Godavari District. The case of the prosecution in brief is as follows: On the night of 4.6.2008 in the fields of L.W.1-Chilukuri Jayalakshmi, on the same day night in the fields of L.W.2 Saripalli Pullamma, on the night of 21.6.2008 in the fields of L.W.3 Sunkara Aparanjamma of Kovvirugudem, on the night of 22.6.2008 in the fields of L.W.4 Komirineni Drowpadi and on the night of 21.6.2008 in the fields of L.W.5 Chikkala Narasimha Murthy, some unknown offenders had broken the transformers and committed theft of copper wire in their respective lands and when they gave reports, the same were registered as Crime Numbers 106, 107, 127, 133 and 134/2008 and investigated into. After completion of the investigation, charge sheet was filed for the offence under Section 379 or 411 IPC against the petitioner and others and the same was taken cognizance and numbered as C.C.No.188 of 2008. On appreciation of both oral and documentary evidence, the trial Court found the petitioner-accused No.2 guilty of the said offence and accordingly, sentenced him to undergo R.I. for one year and six months. The said judgment was questioned by way of filing an appeal in Crl.A.No.152 of 2010. But the said appeal was dismissed. The same is questioned in this revision. Heard and perused the material available on record. Learned Counsel for the petitioner-accused No.2 fairly conceded that this is not a fit case for interference, but, however, requested this Court to take a lenient view having regard to the fact that the petitioner has been in jail for more than nine months. In the facts and circumstances and in view of the nature of the offence committed by the petitioner-accused, I feel that the judgment impugned herein does not warrant any interference. But however, the material on record goes to show that the petitioner was in jail from 1.8.2008 to 19.9.2008, and again on the date of pronouncement of judgment impugned viz., 17.09.2010, the petitioner was taken into custody and since then, he has been in jail, and as of now, he has undergone imprisonment for a period of more than nine months. In these circumstances, this Court is of the view that a lenient view can be taken insofar as the sentence of imprisonment is concerned. Accordingly, the sentence of R.I. for a period of one year and six months is reduced to the period already undergone. In the result, the sentence of rigorous imprisonment for a period of one year and six months for the offence punishable under section 411 IPC imposed against the petitioner herein viz., Talluri Rambabu alias Tambi by the learned Sessions Judge, West Godavari, Eluru in Criminal Appeal No.152 of 2010, by judgment dated 17.9.2010, is reduced to that of the period, which the petitioner has already undergone. The petitioner is directed to be set at liberty forthwith, if not required in any other crime. With the above modification, the Criminal Revision Case is dismissed. _______________________ GOPALA KRISHNA TAMADA, J 1st March, 2011 Nn THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.711 of 2011 1.3.2011