THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.821 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 07-06-2005, rendered in Criminal Appeal No.174 of 2002 by the VI Additional Sessions Judge,(FTC) Guntur, confirming the judgment of conviction and sentence passed in S.C.No.826 of 1998 by the Principal Assistant Sessions Judge, Guntur, whereby and where under the petitioner was convicted under section 235(2) of the Code of Criminal Procedure and sentenced to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs.1000/-, in default, to suffer simple imprisonment for three months for the offence punishable under Section 364 IPC and further sentenced to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs.1000/-, in default, to suffer simple imprisonment for three months for the offence punishable under Section 307 IPC. It is further ordered by the learned Sessions Judge that both the sentences of imprisonment shall run concurrently and the period of remand shall be given set off under Section 428 Cr.P.C. Heard. After arguing for sometime, learned counsel for the petitioner by not pressing the main prayer confined his arguments only to the extent of imposition of sentence and requested the Court to show some indulgence on the petitioner. This is a case where both the courts below gave concurrent findings and convicted the petitioner. Hence, this Court is not inclined to interfere with the conviction imposed on the petitioner. In any event, taking into consideration the submissions made by the learned counsel for the petitioner-appellant, and in view of the lapse of time as the offence is of the year 1997, this court is of the view that there is no need to send the petitioner to prison. In these circumstances, this Court is inclined to show some lenience against the petitioner in imposition of sentence. Accordingly, the conviction imposed by the trial Court as confirmed by the Appellate Court is hereby confirmed. However, the sentence of imprisonment is hereby reduced to that of the period already undergone by the petitioner in prison. Further, the petitioner is directed to pay a sum of Rs.10,000/-(Rupees ten thousand only) for the offence under Section 364 IPC and another sum of Rs.10,000/- (Rupees ten thousand only) for the offence under Section 307 IPC apart from the fine already paid by him within a period of three months from today, in default, to undergo simple imprisonment for a period of three months. On deposit of the same, the said amount to be given as compensation to P.W.3(Gangireddy Shiva Reddy). With the above directions, the Criminal Revision Case is disposed of. ___________________ JUSTICE RAJA ELANGO Date:17.02.2011 Rns