THE HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADA CRL.R.C.No.879 of 2004 ORDER: This revision is directed against the judgment, dated 11.05.2004, passed by the learned V Additional District and Sessions Judge, Guntur, in Crl.A.No.521 of 2002, wherein the conviction and sentence imposed by the learned Additional Junior Civil Judge, Mangalagiri, in C.C.No.27 of 1999, dated 02.12.2002, was confirmed. 2. The case of the prosecution, in brief, is that on 13.05.1998 at about 10.30 AM, when P.W.1-Turaka Yesuratnam was taking meals in his house, A1 called him out of the house and abused him in filthy language and thereafter, all the accused attacked him with deadly weapons like sticks, knives and spears. A2 hacked P.W.1 with a coconut knife on his left knee, A3 beat him with a stick on his head, A1, A4, A6 to A8 and other accused beat him with sticks resulting bleeding injuries all over the body. When the brother of P.W.1 tried to rescue, A2 hacked him with a spear, A1 beat him with a stick on his right hand and A2 beat him with a stone on his chest and the other accused pelted stones on P.W.1 and his brother. Immediately, the injured were shifted to Government Hospital, Mangalagiri. Based on the statement of P.W.1, a case in Cr.No.35 of 1998 was registered against the accused for the offences punishable under Sections 147, 148, 324, 325 read with Section 149 IPC. The case was taken on file as C.C.No.27 of 1999 on the file of the Additional Junior Civil Judge, Mangalagiri. 3. In support of the case of the prosecution, P.Ws.1 to 11 were examined and Exs.P1 to P9 were marked. 4. Learned Magistrate having considered the oral and documentary evidence, found the petitioners/A2 and A3 guilty of the offences under Sections 148 and 324 IPC and accordingly, convicted and sentenced them to pay a fine of Rs.2,000/-each for the offence under Section 148 IPC, in default to suffer S.I. for three months each; and also convicted and sentenced to undergo S.I. for three months each and also to pay a fine of Rs.500/-each, in default, to suffer S.I. for one month each, for the offence under Section 324 IPC. The same was questioned by the petitioners by filing Crl.A.No.521 of 2002 on the file of the V Additional District and Sessions Judge, Guntur. The learned Sessions Judge, having re-appreciated the entire evidence, confirmed said conviction and sentence. Hence, this revision. 5. Learned counsel appearing for the petitioners submitted that though it is not a fit case to acquit the petitioners, but a lenient view may be taken in their case. 6. From a perusal of the material on record, it is clear that the appeal filed by the petitioners was dismissed on 11.05.2004 and this Court, while admitting this revision, granted bail on 18.05.2004 and as such, the petitioners were in jail for a period of 8 days. In those circumstances and in the light of the submission of the learned counsel for the petitioners, this Court is of the view that the sentence imposed on the petitioners by the trial Court can be reduced to the period already undergone by them. 7. Accordingly, the sentence of imprisonment imposed on the petitioners by the trial Court for the offence under Section 324 IPC is reduced from three months S.I. to the period already undergone by them. Except the said modification, in all other aspects, the Criminal Revision Case is dismissed. ___________________________ GOPALA KRISHNA TAMADA, J Date:18.11.2010 sj