THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE Nos.1582 and 1583 of 2010 COMMON JUDGMENT: Since both the Criminal Revision Cases arise out of the common judgment, dated 31.08.2010, rendered by the I Additional Sessions Judge, West Godavari, Eluru, wherein and whereby the petitioners-A-1 and A-2 were convicted and sentenced, they are heard together and are being disposed of by a common judgment. On the basis of a report given by P.W-1, Eluru II Town (Law and Order) Police registered a case in Crime No.115 of 2004 against the petitioners for the offences punishable under Section 420 IPC and under Sections 3 (1), 4(1) and 7 read with Section 56 of A.P.Chit Fund Act. After completion of investigation, the charge sheet was filed and the same was taken on file by the II Additional Judicial Magistrate of First Class, Eluru and it was numbered as C.C.No.1123 of 2004. During the course of trial, the complainant was examined as P.W-1 and others were examined as P.Ws.2 to 10 and Exs.P-1 and P-2 were marked. On an analysis of the entire evidence, the trial Court came to a conclusion that A-3 was not guilty of the said offences, but, however found the petitioners herein guilty of the said offences and accordingly, sentenced them to suffer rigorous imprisonment for two years each and to pay a fine of Rs.5,000/- each in default to suffer simple imprisonment for four months for the offence under Section 420 IPC and to suffer rigorous imprisonment for three months each and to pay a fine of Rs.500/- each in default to suffer simple imprisonment for four months for the offences under Sections 3 (1), 4(1) and 7 read with Section 56 of A.P.Chit Fund Act. The said judgment dated 21.04.2008 was questioned by way of filing Criminal Appeal Nos.102 and 122 of 2008 by A-2 and A-1, respectively. The lower appellate Court while holding that the petitioners are not guilty of the offence punishable under Section 420 IPC, however found the petitioners guilty of the offences punishable under Sections 3 (1), 4(1) and 7 read with Section 56 of A.P.Chit Fund Act and reduced the sentence imposed on the petitioners by the trial Court to rigorous imprisonment for three months and accordingly, dismissed both the appeals. The said judgments are questioned by filing these Revisions. The case of the prosecution, in brief, is as follows: - A-1 and A-2 along with their son-A-3 prior to 27.03.2004 induced P.Ws.1 to 9 and others to join in their chit fund business to get more financial benefits in the shape of bonus. P.Ws.1 to 9 and others believing the version of A-1 to A-3 joined as members in the chits of the values of Rs.1,00,000/-, Rs.60,000/-, Rs.50,000/- and Rs.20,000/-. The accused collected monthly subscriptions from P.Ws.1 to 9 and others and also conducted auctions regularly for some time. Subsequently, the accused with criminal intention avoided payments to P.Ws.1 to 9 and others and also misappropriated the funds of the chit fund business for their personal benefits and thereby, caused loss to P.Ws.1 to 9 and other subscribers. The accused also issued receipts for the monthly subscriptions and they had to pay certain amounts to P.Ws.1 to 9. On the basis of a complaint lodged by P.W-1, a case was registered against the accused, investigated into and after completion of investigation, the charge sheet was filed against all the accused. Learned counsel for the petitioners fairly conceded that both the Revisions are not fit cases for interference, but, however requested this Court to take a lenient view as the petitioners were lodged in jail for the past about 10 days. Having regard to the said submission, this Court looked into the record. The said appeals were dismissed by the lower appellate Court on 31.08.2010 and immediately, the petitioners were taken into custody and sent to jail to suffer the sentence of imprisonment imposed on them by the lower appellate Court. From the above, it is clear that they are in jail since 31.08.2010. As of today, they are in jail for about 10 days. As the sentence of imprisonment imposed on the petitioners is only for three months and the petitioners are in jail for the last about 10 days, this Court takes a lenient view and reduce the sentence of imprisonment imposed on them to that of the period already undergone by them. Accordingly, The sentence of rigorous imprisonment of three months each imposed on the petitioners by the I Additional District and Sessions Judge, West Godavari at Eluru in Criminal Appeal Nos.102 and 122 of 2008 by the common judgment, dated 31.08.2010, is reduced to that of the period already undergone by them, while maintaining the sentence of fine. Except the said modification in the sentence of imprisonment, in all other aspects, this Criminal Revision Case stands dismissed. As the petitioners are in jail, the Office is hereby directed to send a copy of this Order to the jail authorities and the jail authorities shall release the petitioners forthwith, if they are not required in connection with any other crime. ___________________________________ JUSTICE GOPALA KRISHNA TAMADA 09th September 2010 dr