IN THE HIGH COURT OF JUDICATURE ANDHRA PRADESH AT HYDERABAD FRIDAY THE FIRST DAY OF OCTOBER TWO THOUSAND AND TEN PRESENT: THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No. 917 of 2005 Between: Guturi Subba Rao … Petitioner V/s. State of Andhra Pradesh, Represented by its Public Prosecutor, High Court of A.P. Hyderabad … Respondent Counsel for the Petitioner : Sri K.Mohanrami Reddy Counsel for the Respondent : Addl. Public Prosecutor THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION No. 917 OF 2005 O R D E R : This Criminal Revision is directed against the conviction and sentence passed by the VI-Additional District and Sessions Judge, FTC, Markapur, in Criminal Appeal No. 37 of 2003 dated 16- 6-2005 modifying the conviction and sentence recorded by the Assistant Sessions Judge, Markapur, in SC.No.8 of 2001, dated 6-3-2003 from 307 IPC to 324 of IPC and sentenced him to undergo Rigorous Imprisonment for a period of one year and to pay a fine of Rs.1000/- in default to suffer Simple Imprisonment for a period of three months. 2. The petitioner was tried for the offence punishable under section 307 of IPC. On appreciation of oral and documentary evidence placed on record, the learned Assistant Sessions Judge, found the petitioner guilty for the offence under section 307 of IPC and sentenced him to suffer Rigorous Imprisonment for three years and directed to pay a fine of Rs.1,000/-, in default to suffer Simple Imprisonment for three months. On appeal, the learned VI-Additional District and Sessions Judge, FTC, Markapur, on re-appreciation of the oral and documentary evidence placed on record modified the conviction and sentence recorded by the Assistant Sessions Judge, Markapur, stated hereinabove. Challenging the same, the present Criminal Revision is filed. 3. At the hearing, the learned counsel for the petitioner confines his argument only with regard to the quantum of sentence and prayed mercy of this court. 4. Heard the learned counsel for the petitioner and the learned Addl.Public Prosecutor representing the State. This Court perused the oral and documentary evidence placed on record. 5. Considering the facts and circumstances, I do not see any reason to interfere with the conviction recorded by both the courts below and the same is confirmed, but however, taking into consideration the submissions made by the learned counsel for the petitioner, this Court is of the view that the sentence of imprisonment inflicted by the both the courts below is modified to that of the period already undergone by the petitioner. However, the fine amount paid by the petitioner shall remain unaltered. 6. With the above modification in the sentence, the Criminal Revision is disposed of. ______________________ JUSTICE RAJA ELANGO. 01-10-2010 I s L THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No. 917 OF 2005 Circulation Entry No. 4 4 Date: 01-10-2010 Computer No. 43 Court Master: I s L