THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.509 OF 2005 DATED 21st OCTOBER, 2010. BETWEEN : M.Basava Bhaskara Rao ..Petitioner-Accused and The State of A.P. ..Respondent THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.509 OF 2005 ORDER: This Criminal Revision Case under Sections 397 and 401 of the Code of Criminal Procedure is filed by the petitioner- accused against the judgment, dated 24.03.2005, rendered in Criminal Appeal No.608 of 2001 by the V Additional District & Sessions Judge (FTC), Guntur, confirming the judgment of conviction and sentence passed in C.C.No.138 of 1999 on 29.11.2001 by the II Additional Munsif Magistrate, Tenali, in which the petitioner was convicted under section 255 (2) of the Code of Criminal Procedure and sentenced to undergo simple imprisonment for six months and also to pay a fine of Rs.1000/-, in default to suffer simple imprisonment for one week, for the offence punishable under Section 7 (1) of A.P. Agricultural Act, 1966. Heard. After arguing for sometime, the learned counsel for the petitioner by not pressing the main prayer confined his arguments 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 is of the year 1997-98 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 also taking into consideration the age of the petitioner-accused, this Court is inclined to show some lenience against the petitioner. Accordingly, the conviction imposed by the trial Court as confirmed by the Appellate Court is hereby confirmed. However, considering the circumstances of the case, the sentence of imprisonment imposed on the petitioner is hereby modified to that of the period already undergone by him. Further, the petitioner shall also pay a fine of Rs.4,000/-, apart from the fine amount already imposed by the trial Court, within a period of four weeks from the date a copy of this order is made ready. The remaining portion of the impugned judgment shall stand unchanged. With above modification, the Criminal Revision Case is disposed of. ________________________ JUSTICE RAJA ELANGO Dated : 21.10.2010. sur