THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.342 OF 2005 DATED 7th OCTOBER, 2010. Between : P.Rama Mohana Rao ..Petitioner-A.1 and The State of A.P. ..Respondent THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.342 OF 2005 ORDER: This Criminal Revision Case under Sections 397 and 401 of the Code of Criminal Procedure (for short ‘Cr.P.C.’) is filed by the petitioner-A.1 against the judgment, dated 22.02.2005, rendered in Criminal Appeal No.211 of 2004 by the Principal Sessions Judge, West Godavari at Eluru. Initially, the petitioner-A.1 and another accused were prosecuted in C.C.No.326 of 1998 for the offence punishable under Sections 304A and 338 of Indian Penal Code (for short ‘IPC’) wherein after due trial, the learned Additional Judicial Magistrate of First Class, West Godavari, Eluru, convicted the accused under Section 255 (2) Cr.P.C. and sentenced them to undergo simple imprisonment for six months and three months each for the offence punishable under Sections 304A and 338 IPC respectively. As against the said conviction, petitioner preferred Criminal Appeal No.211 of 2004 in which the learned Principal Sessions Judge, by impugned judgment, confirmed the conviction, however reduced the sentence of imprisonment of six months imposed for the offence punishable under Section 304A IPC to three months and confirmed the sentence imposed for the offence punishable under Section 338 IPC. Challenging the same, the present revision is filed by the petitioner-A.1. Heard. After arguing for sometime, the learned counsel for the petitioner by not pressing the main prayer confined his arguments to the extent of imposition of sentence and requested the Court to show some indulgence on the petitioner. In view of the said submission, this Court is of the view that merits of the Prosecution case and impugned judgment need not be adjudicated. Admittedly, the offence took place in the year 1997 and for all these years the petitioner suffered humiliation and also stigma in the society. It is represented that the petitioner is the sole breadwinner of his family and has to look after the welfare his family members. In these circumstances, this Court is inclined to show some lenience against the petitioner. Accordingly, the conviction and sentence imposed by the trial Court as modified by the Appellate Court is hereby confirmed. However, considering the circumstances of the case, the sentence of imprisonment is modified to that of the period undergone by the petitioner. Further, the petitioner is directed to pay a fine of Rs.5,000/- within a period of four weeks from the date a copy of this order is made ready. In all other respects, the impugned judgment stands confirmed. With above modification, the Criminal Revision Case is disposed of. ________________________ JUSTICE RAJA ELANGO Dated : 07.10.2010 sur