THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.435 OF 2005 DATED 16th SEPTEMBER, 2010. BETWEEN : T.Leelasiva Prasad ..Petitioner-Appellant and The State of A.P. ..Respondent THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.435 OF 2005 ORDER: This Criminal Revision Case under Sections 397 and 401 of the Code of Criminal Procedure is filed by the petitioner- appellant against the judgment, dated 09.02.2005, rendered in Criminal Appeal No.226 of 2001 by the I Additional Sessions Judge, Nellore, confirming the judgment of conviction and sentence passed in C.C.No.244 of 1998 on 09.11.2001 by the II Additional Judicial Magistrate of First Class, Nellore, in which the petitioner was convicted under section 255 (2) of the Code of Criminal Procedure and sentenced to undergo simple imprisonment for nine months for the offence punishable under section 304A of Indian Penal Code. 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 crime occurred in the year 1998 and for all these years the petitioner suffered humiliation and also stigma in the society. It is represented that the petitioner is the sole breadwinners of his family and has to look after the welfare 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 confirmed by the Appellate Court is hereby confirmed. However, considering the circumstances of the case, the sentence imposed on the petitioner is hereby modified sentencing him to undergo simple imprisonment for a period of one month. Learned counsel for the petitioner submitted that the petitioner had already undergone imprisonment for forty days. As such, the period of imprisonment undergone by the petitioner shall be given set off as against the imprisonment imposed by this Court. The remaining portion of the impugned judgment shall stand unchanged. With above modification, the Criminal Revision Case is disposed of. ________________________ JUSTICE RAJA ELANGO Dated : 16.09.2010 sur