HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No:446 OF 2011 ORDER: This revision is directed against the judgment, dated 2.2.2011 in Crl.A.No.66 of 2009 on the file of the V Additional Sessions Judge, Kurnool at Nandyal. On the basis of a report given by the defacto-complainant, who was examined as P.W.1, Rudravaram police registered a case in Crime No.149 of 2006 for the offence punishable under Section 324 IPC. After completion of the investigation, a charge sheet was filed for the offence punishable under Section 326 IPC. The defacto- complainant was examined as P.W.1 and five more witnesses were examined and Exs.P1 to P5 were marked on his behalf. On appreciation of oral and documentary evidence, the trial Court came to the conclusion that the petitioner is guilty of the offence under Section 326 IPC, and accordingly, sentenced him to suffer rigorous imprisonment for a period of two years and also to pay a fine of Rs.1,000/- and in default, to undergo simple imprisonment for a period of one month. The said judgment dated 20.4.2009 was questioned by filing Crl.A.No.66 of 2009 before the 5th Additional Sessions Judge, Kurnool at Nandyal. On re-appreciation of the evidence brought on record, the learned Sessions Judge while holding that the petitioner is guilty of the said offence, however, reduced the sentence of two years to six months. The same is questioned in this revision. Learned Counsel for the petitioner fairly conceded that it is not a fit case to take a lenient view. In the light of the said submission, this Court looked into the record. The material on record goes to show that the appellate Court dismissed the appeal by its judgment, dated 2.2.2011 and the petitioner was taken into custody on 2.2.2011 and as on date, he is in jail. From the above it is clear that he is in jail for a period of about one week and the alleged offence is dated 27.7.2006. Therefore, this Court is of the view that a lenient view can be taken. In the result, the sentence of imprisonment for a period of six months for the offence punishable under Section 326 of IPC imposed against the petitioner herein viz., Putta Tirupalu by the learned V Additional Sessions Judge, Kurnool at Nandyal in Criminal Appeal No.66 of 2009 by judgment dated 2.2.2011, is reduced to that of the period, which the petitioner has already undergone. The petitioner is directed to be set at liberty forthwith, if not required in any other crime. But however, the fine amount of Rs.1,000/- is enhanced to Rs.5,000/-. The balance fine amount shall be paid within a period of four weeks from today and the entire fine amount shall be paid to the defacto- complainant, who was examined as P.W.1. In default of payment of fine amount, the petitioner shall undergo the sentence imposed by the Courts below in this regard. Except to the above modification, in all other respects, the Criminal Revision Case is dismissed. ___________________________ Justice Gopala Krishna Tamada Dated: 8.2.2011 Nn HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No:446 OF 2011 8.2.2011