IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRL.R.C. No.1390 of 2010 Date:01.10.2010 Between: Bollipogu Adam .....Petitioner AND The State of A.P., rep. by its PP., High Court of A.P. ....RESPONDENT The Court made the following: THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRL.R.C. No.1390 of 2010 ORDER: 1. This revision is directed against the judgment dated 29.07.2010 passed by the VI Additional District & Sessions Judge, (Fast Track Court), Krishna at Machilipatnam whereby confirmed the sentence and judgment in C.C.No.109 of 2005 dated 01.04.2010 on the file of the Additional Judicial First Class Magistrate, Tiruvuru. 2. The petitioner herein was tried in C.C.No.109 of 2005 by the learned Additional Judicial Magistrate of the First Class, Tiruvuru for the offences under Sections 324, 506 IPC. Though the trial court acquitted him of the said charges punishable under Sections 324 and 506 IPC, however, found him guilty of the offence punishable under Section 323 IPC and accordingly sentenced him to under go simple imprisonment for a period of 3 months and also to pay fine of Rs.200/- in default to suffer Simple Imprisonment for a period of 15 days. The said judgment was questioned by filing Appeal No.86 of 2010 and the VI Additional District & Sessions Judge (Fast Track Court), Krishna at Machilipatnam while confirming the said finding, however, reduced the said sentence from 3 months to 1 month. The same is questioned by the petitioner by filing this revision. 3. During the course of trial, P.Ws.1 to 6 were examined and Exs.P-1 to P-7 were also marked on behalf of the prosecution. 4. The case of prosecution in brief is as follows: The complainant (PW.10 brought oil engine and tube to draw water to their chilly crop. The accused and his father used said oil engine with out informing to P.W.1. about 3 days prior to 17.3.2006 P.W.1 questioned the accused then the accused abused the PW.1 and kicked the cycle of P.W.1. While so on 17.3.2005 at about 3.00 p.m., when P.W.1 was coming from Chintalapadu to Gollagudem on his motor cycle along with P.W.4 and when they reached near small thoom on Chinthalagudem old tank the accused beat the P.W.1 with stick and threatened him with dire consequences P.W.2 to 4 witnessed the incident. P.W.1 gave Ex.P.1 report basing on which a case in Cr.No.48/2005 under Section 324, 506 IPC and after completion of investigation P.W.6 filed charge sheet against the accused. 5. This court while admitting this revision on 02.08.2010 granted bail to the petitioner. The learned counsel for the petitioner submitted that the petitioner was already in jail for the period from 29.07.2010 to 03.08.2010 and requested to take a lenient view against the petitioner. 6. Having regard to the fact that the petitioner was in jail from 29.07.2010 to 03.08.2010 and was sentenced to undergo for a period of 1 month for the offence punishable under Section 323 IPC, this Court would take a lenient view against the petitioner and accordingly reduced the sentence of 1 month to that of the period already undergone by the petitioner. Except the said modification, in all other aspects this revision petition shall stand dismissed. 6. Accordingly, the criminal revision case is disposed of. _______________________________ GOPALA KRISHNA TAMADA,J October 01, 2010 GK. THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRL.R.C. No.1390 of 2010 Date: 01.10.2010 Gk.