THE HON’BLE SRI JUSTICE GOPALAKRISHNA TAMADA CRIMINAL REVISION CASE No.1934 of 2010 DATED: 20-10-2010 ORDER: This Criminal Revision Case is filed by the petitioner questioning the judgment, dated 31-08-2009, in Crl.A.No.165 of 2007 passed by the learned I Additional District & Sessions Judge, Machilipatnam, Krishna District, whereby the judgment, dated 07- 12-2007, in C.C.No.189 of 2007 passed by the learned Judicial Magistrate of First Class, Kaikalur, was modified. 2. Petitioner herein is accused in Cr.No.24 of 2007 registered for the offences punishable under Sections 420, 494 and 114 IPC The Sub-Inspector of Police, Kaikalur Rural police station, after completion of investigation, filed charge sheet and the same was numbered as C.C.No.189 of 2007 before the learned Judicial Magistrate of First Class, Kailakur. 3. During the course of trial, P.Ws.1 to 17 were examined and Exs.P1 to P18 were marked on behalf of the prosecution. No oral evidence was adduced on behalf of the defence, however Ex.D1 was marked. 4. Having analyzed the said evidence, the learned Magistrate found the petitioner herein guilty of the offence punishable under Section 420 IPC and accordingly sentenced him to undergo imprisonment for a period of three years, partly rigorous and partly simple, and also to pay a fine of Rs.1000/-, in default to suffer simple imprisonment for a period of six months. Aggrieved thereby, Crl.A.No.165 of 2009 has been filed before the learned I Additional District & Sessions Judge, Machilipatnam, and the learned Judge while concurring with the finding of the learned Magistrate, however reduced the sentence of imprisonment to one year vide judgment, dated 31-08-2009. Questioning the same, the present revision is filed. 5. Heard both sides. Perused the record. 6. When this matter is taken up for hearing, learned counsel for the petitioner fairly conceded that it is not a fit case for interference, however requested this Court to take a lenient view having regard to the fact that the petitioner is jail from 16-06-2010. In the light of the said submission, this Court directed the Additional Public Prosecutor to get instructions. 7. Today, when this matter is taken up for hearing, learned Public Prosecutor would submit that the petitioner was taken into custody on 16-06-2010 and as on date, he is in jail. As the petitioner is in jail for the last more than four months and the said sentence of imprisonment is only for a period of one year, this Court is of the view that a lenient view can be taken by reducing the said sentence to that of the period already undergone by him. 8. Accordingly, the sentence of imprisonment, partly rigorous and partly simple, of three years imposed against the petitioner herein–A1-Akula Parishudha Babu @ Ramu, S/o Sivarama Krishna by the learned Judicial Magistrate of First Class, Kaikalur in C.C.No.189 of 2007, vide judgment, dated 07- 12-2007, and modified by the learned I Additional District & Sessions Judge, Kaikalur vide judgment, dated 31-08-2009 to that of one year, is reduced to that of the period already undergone by him. Petitioner-A1 is directed to be set at liberty forthwith if not required in any other crime. Except the above modification in all other aspects the revision is dismissed. _________________________________ GOPALA KRISHNA TAMADA,J 20th October, 2010. Tsy