THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.1858 of 2004 ORDER: 1 The petitioner herein along with three others was tried as accused in S.C.No.89 of 2002 for the offence punishable under sections 498-A and 306 of IPC by the learned Assistant Sessions Judge, Kadiri. The learned Assistant Sessions Judge, having assessed the entire evidence both oral and documentary found the petitioner alone guilty of the said offences and accordingly sentenced him to undergo simple imprisonment for a period of one year and also to pay a fine of Rs.1,000/-, in default of payment of fine he shall suffer simple imprisonment for a period of two months for the offence punishable under section 498-A of IPC and further sentenced to suffer simple imprisonment for three years and also to pay a fine of Rs.2,000/- in default of payment of fine he shall suffer simple imprisonment for a period of two months for the offence punishable under section 306 of IPC. As against the said judgment dated 05.06.2003, the petitioner preferred Criminal Appeal No.63 of 2003 and the learned IV Additional District & Sessions Judge, Fast Track Court, Ananthapur, by his judgment dated 25.10.2004 while setting aside the conviction an sentence imposed on the petitioner by the trial court for the offence punishable under section 306 of IPC, however, upheld the said conviction and sentence imposed on the petitioner by the trial court for the offence punishable under section 498-A of IPC. Questioning the same the accused before the trial court preferred this revision. 2 Brief facts that led to the filing of the present revision are that the marriage of the petitioner was celebrated with one Lakshmidevi, hereinafter referred to as ‘the deceased’, three years prior to her death which took place on 12.09.2001. At the time of marriage, the parents of the deceased gave Rs.20,000/- cash to the petitioner towards dowry. After the marriage, the petitioner addicted to vices and started harassing the deceased for bringing more dowry from her parents. The parents of the petitioner who were arrayed as A.2 to A.4 supported the petitioner. While so on 12.09.2001 at about 5.00 p.m. the deceased, having not able to bear with the said harassment meted out by the petitioner, committed suicide by hanging herself in the house of the petitioner. 3 Heard both sides. 4 The learned counsel for the petitioner submitted that this is not a fit case for interference, but, however, he requested the court to take a lenient view in so far as the sentence of imprisonment is concerned. 5 Having regard to the submissions made by the learned counsel for the petitioner this court looked into the record. The appellate court dismissed the appeal on 25.10.2004 and the petitioner was taken into custody immediately. It is only after this revision was admitted and bail was granted by this court on 29.10.2004, the petitioner came out of the jail. From the above, the petitioner was in jail for a period of 5 days. In that view of the matter, since the offence for which the petitioner was convicted and sentenced relates to the year 2001, and as the petitioner was in jail for a period of five days, this court takes a lenient view and reducing the said sentence of simple imprisonment of one year, as imposed by the courts blow, to that of the period, which the petitioner had already undergone. 6 Excepting the above modification, this revision in all other aspects is dismissed. -------------- 28.01.2011 Kvsn