THE HON’BLE SRI JUSTICE G.KRISHNA MOHAN REDDY Crl.Rc.No.74 of 2004 JUDGMENT: This revision is filed under Section 397 and 401 Cr.P.C. against judgment made in Crl.A.No.331 of 2001 dated 7.8.2003 on the file of I Additional Sessions Judge, East Godavari at Rajahmundry modifying conviction and sentence imposed in Sessions Case No.230 of 2000 dated 12.10.2001 on the file of Assistant Sessions Judge, Amalapuram. Briefly the prosecution case is as follows: A2 is the first wife of P.W.1 and A1 is the son of P.W.1 through A2. About 20 years back, A2 left the house of P.W.1 and went away to Gangalakkuru along with A1. More than two years back, one day at about 11.00 a.m. while P.W.1 was in his ‘kirana baddi’, both A1 and A2 came to him and abused him and while A2 was catching hold of his hair, A1 hacked with a curved knife with wooden grip on the back of his neck, right fore-arm and left thump, P.W.2 who is the second wife of P.W.1 came to his rescue, but she was threatened by A1 and A2 that she would be killed if she intervened. P.W.2 raised cries and on that, both A1 and A2 ran away. P.W.2 took P.W.1 to the Town Police Station of Amalapuram, where P.W.5-Head Constable recorded the statement of P.W.1 and the Sub-Inspector of Police there registered it as Ex.P1-report in Cr.No.177 of 1998 under Section 307 read with Section 109 IPC and P.W.9-Inspector of Police concerned took and conducted the investigation of the case and later filed charge sheet. For the prosecution, P.Ws.1 to 9 were examined and Exs.P1 to P10 and M.Os.1 to 4 were marked. For the defence, none was examined and no documents were marked. After considering the matter, the trial Court found A1 guilty of the charge punishable under Section 307 IPC and accordingly convicted and sentenced him to undergo rigorous imprisonment for five years and to pay a fine of Rs.100/- and in default to suffer simple imprisonment for one month. Insofar as A2 is concerned, the trial Court found him not guilty of the charge framed against him and was acquitted accordingly whereas, questioning the conviction and sentence, A1 preferred Crl.A.No.331 of 2001 on the file of I Additional Sessions Judge, East Godavari at Rajahmundry and the appellate Court after due consideration of the matter, modified the section of law to Section 326 IPC and reduced the sentence to rigorous imprisonment while retaining the fine clause and being aggrieved by the judgment, the present revision is filed. The learned counsel for the revision petitioner-Accused has pleaded before the Court to reduce the sentence conceding the findings of the courts below, hence there is no need to consider the merits of the judgments rendered by both the Courts below. In the facts and circumstances of the case, and keeping in view the age of the revision petitioner-accused, I deem it appropriate to reduce the sentence to (9) months. Accordingly, the sentence is modified to rigorous imprisonment for (9) months while keeping in tact the fine clause and the period of detention already undergone by the accused shall be given set off. Subject to the above, the revision is dismissed. _________________________ G.KRISHNA MOHAN REDDY, J Date: 18.7.2011 DA THE HON’BLE SRI JUSTICE G.KRISHNA MOHAN REDDY Crl.Rc.No.74 of 2004 18.7.2011