THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.956 OF 2004 JUDGMENT: The petitioners herein, who are A-2 and A-3, respectively, and 14 others were tried in C.C.No.249 of 2001 on the file of the I Additional Munsif Magistrate, Narasaraopet, for the offences punishable under Sections 147, 148, 324, 326 and 506 read with 149 IPC. During the course of trial, the prosecution examined P.Ws.1 to 15 and exhibited Exs.P-1 and P-14. On behalf of defence, neither oral nor documentary evidence was adduced. The learned Magistrate having considered the said evidence, both oral and documentary, came to the conclusion that the petitioners herein-A-2 and A-3 are guilty of the offences punishable under Sections 324 and 326 IPC, respectively, and accordingly, by his judgment, dated 04.09.2003, convicted and sentenced the first petitioner-A-2 to suffer rigorous imprisonment for three months and to pay a fine of Rs.500/- in default, to suffer simple imprisonment for one week for the offence under Section 324 IPC and further, sentenced the second petitioner-A-3 to suffer rigorous imprisonment for six months and to pay a fine of Rs.5,000/-, in default to suffer simple imprisonment for one month, while acquitting the other accused i.e., A-1 and A-4 to A-16 of the offences with which they are charged. The said judgment was questioned by the petitioner by filing Criminal Appeal No.347 of 2003 and the learned X Additional District and Sessions Judge (Fast Track Court), Guntur, by the judgment, dated 16.06.2003, dismissed the appeal, confirming the judgment of the trial Court. Hence, the petitioners approached this Court and filed the present Criminal Revision Case. The case of the prosecution in brief is as follows: - On 13.07.2001, at about 9.30 am., P.W-1 came to Police Station and lodged a complaint stating that on the same day at about 8.30 am., when he was returning to his house form the centre of the village and when he reached in front of the house of one Komara Veeeraiah, all the accused came in the opposite direction and questioned him as to why he acted as agent to congress party and then, beat him indiscriminately all over the body with sticks and caused injuries. The Police registered the same as a crime and after completion of investigation filed the charge sheet. Learned counsel for the petitioners-accused fairly conceded that it is not a fit case for interference, but, however, requested this Court to take a lenient view having regard to the fact that the petitioners were in jail for three days and that, A-3 had also paid the fine amount of Rs.5,000/- imposed on him by both the Courts below. Having heard the submissions of the learned counsel, this Court looked into the record. The impugned judgment was pronounced on 16.06.2004 and immediately, the petitioners were arrested and only by virtue of the bail granted by this Court while admitting the Revision on 18.06.2004 they were released. Further, the Courts below have directed that out of the fine amount of Rs.5,000/- imposed on A-3, a sum of Rs.4,000/- be paid to P.W-3 by name Nalluri Krishnamma, Wife of Hanumantharao of Issapallem Village. Hence, this Court is of the view that a lenient view can be taken. Accordingly, the sentence of rigorous imprisonment of six months imposed on the petitioners herein-A-2 and A-3 for the offences punishable under Sections 324 and 326 IPC, respectively, by both the Courts below is reduced to that of the period already undergone by them, while maintaining the sentence of fine. Except the said modification, in all other aspects, the Criminal Revision Case is dismissed. __________________________________ JUSTICE GOPALA KRISHNA TAMADA 24th March 2011 DR