THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.1195 OF 2005 DATED 1st OCTOBER, 2010. Between : Ch.Sreenivasa Rao ..Petitioner-Accused and The State of A.P. ..Respondent THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.1195 OF 2005 ORDER: This Criminal Revision Case under Sections 397 and 401 of the Code of Criminal Procedure (for short ‘Cr.P.C.’) is filed by the petitioner-accused against the judgment, dated 04.07.2005, rendered in Criminal Appeal No.6 of 2003 by the I Additional Sessions Judge, Ongole. Initially, the petitioner-accused was prosecuted in C.C.No.119 of 2001 for the offence punishable under Sections 337, 338 and 304A of Indian Penal Code (for short ‘IPC’) wherein after due trial, the learned III Additional Munsif Magistrate, Ongole, convicted the petitioner under Section 255 (2) Cr.P.C. for the offence punishable under Sections 304A, 337 and 338 IPC and sentenced him to undergo simple imprisonment for six months for the offence punishable under section 304A IPC and also sentenced to pay fine of Rs.200/-, Rs.100/- and Rs.200/- for the offence punishable under Sections 304A, 337 and 338 IPC respectively, in default to suffer simple imprisonment for 15 days under each count. Challenging the said conviction, petitioner preferred Criminal Appeal No.6 of 2003 wherein the learned I Additional Sessions Judge, Ongole, by impugned judgment, dismissed the appeal while maintaining the conviction awarded for the offence punishable under section 304A IPC and set aside the sentence of fine imposed under Sections 337 and 338 IPC and ordered for refund of fine amount paid by the petitioner for the offence punishable under Sections 337 and 338 IPC. Challenging the same, the present revision is filed. 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 offence took place in the year 2000 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 of his family members. In these circumstances, this Court is inclined to show some lenience against the petitioner. Accordingly, the conviction imposed by the trial Court as modified by the Appellate Court is hereby confirmed. However, considering the circumstances of the case, the sentence of imprisonment is modified to that of the period undergone by the petitioner and in all other respects including the fine amount, the impugned judgment stands confirmed. With above modification, the Criminal Revision Case is disposed of. ________________________ JUSTICE RAJA ELANGO Dated : 01.10.2010 sur