THE HON'BLE SRI JUSTICE G. KRISHNA MOHAN REDDY CRIMINAL REVISION CASE No.1037 OF 2004 Dated: 22-06-2011 Between: Elkathurthi Balamallu. - - - Petitioner/ Appellant/ Accused. And The State of A.P., Rep. By its Public Prosecutor., High Court of A.P., Hyderabad. - - - Respondent/ Respondent/ Complainant. This Court made the following : THE HON'BLE SRI JUSTICE G. KRISHNA MOHAN REDDY CRIMINAL REVISION CASE No.1037 OF 2004 ORDER: This Criminal Revision Case is preferred by the Petitioner- Accused against judgment, dated 25-06-2004, rendered in Criminal Appeal No.100 of 2000 preferred against conviction and sentence imposed in C.C. No.1081 of 1995 on the file of the Court of Additional Judicial Magistrate of First Class, Karimnagar, by the Sessions Judge, Karimnagar. 2. The Petitioner-Accused was prosecuted in C.C. No.1081 of 1995 for offences punishable under Sections 409 and 420 of I.P.C. Before the trial Court for the prosecution PWs. 1 to 4 were examined and Exs.P-1 to P-5 were marked and for the Petitioner/Accused DW.1 was examined and Ex.D-1 was marked. After due trial, the learned Additional Judicial Magistrate of First Class, Karimnagar convicted the petitioner for the offence punishable under section 409 of I.P.C. and sentenced him to undergo Rigorous Imprisonment for two years and to pay a fine of Rs.3,000/- and in default of payment of the fine to undergo simple imprisonment for three months and acquitted him for the offence punishable under Section 420 of I.P.C. vide judgment, dated 04-02- 2000. 3. As against the said conviction, the petitioner filed the Criminal Appeal No.100 of 2000 on the file of Sessions Judge, Karimnagar, whereas the learned Sessions Judge, having gone through both oral and documentary evidence adduced, dismissed the Criminal Appeal, however reduced the sentence of two years Rigorous Imprisonment to six months confirming the fine clause vide judgment, dated 25-06-2004 and challenging the same, the petitioner has preferred this Revision. 4. The prosecution version is that the petitioner Deputy Sarpanch of Kothapally panchayat and incharge of it in October, 1991 had withdrawn Rs.84,000/- from Jawahar Rojgar Yojana funds allotted for constructing the Gram Panchayat building and executed the work for Rs.37,874/- and misappropriated the balance amount. 5. It is contended by learned counsel for the petitioner that the Petitioner has been suffering a lot since 1995 by attending various Courts in connection with this case and loosing valuable part of his life and incurring lot of expenditure consequently and hence the Rigorous Imprisonment of six months imposed by the lower Appellate Court may be reduced to three months while confirming the other findings of the Courts Below. 6. Therefore, the point for consideration is : Whether sufficient grounds are there in order to accept the plea of the learned counsel for the petitioner? 7. I have gone through the record, on which, I am satisfied that both the courts below basing upon the evidence adduced and good reasoning held that the Petitioner/Accused proved to have committed the alleged offence and there is no reason to interfere with the concurrent findings of both the Courts. 8. However, taking into consideration the relevant facts and circumstances of the case, I feel that it is quite reasonable to reduce the sentence of Rigorous Imprisonment to three (3) months from six months while keeping the other findings of the Courts below intact. Accordingly, for the foregoing reasons, the Criminal Revision Case is dismissed but modifying the sentence of Rigorous Imprisonment to three (3) months from six months keeping the other findings of the Courts below intact. The sentence of imprisonment undergone by the petitioner, if any shall be set off under section 428 Cr.P.C. ___________________________ G. KRISHNA MOHAN REDDY, J. 22nd June, 2011 Dsh. THE HON'BLE SRI JUSTICE G. KRISHNA MOHAN REDDY 100 CRIMINAL REVISION CASE No.1037 OF 2004 Date:22.06.2011 Dsh.