HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.88 OF 2006 Dated 4-6-2010 Between: Jagarlamudi Sreenu and another. …Petitioner. And: State of Andhra Pradesh, represented by its Public Prosecutor, High Court of A.P., Hyderabad. . …Respondents. HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.88 OF 2006 ORDER: The Revision arises out of conviction by Judicial First Class Magistrate, Podili as confirmed by the VI Additional District and Sessions Judge, (Fast Track Court), Markapur for the offences under Sections 326 and 332 IPC read with 34 IPC. 2. The case of the prosecution is as follows: P.W.1 is the manager. P.Ws. 2 and 3 are supervisors and P.W.7 is the collection officer of P.D.C.C. Bank Podili. The father of the accused is indebted to P.D.C.C. bank to a tune of Rs.12,000/-. On 24.3.1998 at about 10.50 A.M., P.Ws.1 to 3 and P.W.7 went to the house of Kotaiah who is the father of the accused in the jeep driven by P.W.4. The borrower was not present in the house. The accused and their mother were present at the house. P.Ws.1 to 3 and P.W.7 informed the accused that unless debt amount is paid within 15 days, the mortgage property will be put to auction. The accused having grew wild on that score went upon the P.D.C.C. Officials and A.1 beat P.W.1 with stick on his month, thereby causing loss of upper tooth. A.1 also beat P.W.3 with stick on his back. A.2 pocked P.W.2 with knife on his right hand wrist. On the report given by P.Ws.1 to 3, P.W.11 registered the case as a case in Cr.No.23 of 98 under Sections 353 and 326 I.P.C. P.Ws.1 to 3 were referred to Government Hospital, Podili for treatment. On completion of investigation, P.W.11 laid charge sheet under Sections 326 and 324 I.P.C. read with 34 I.P.C. 3. Learned counsel for the revision petitioner after arguing the case for some time confined his argument only in connection with the question of sentence. 4. Learned counsel for the petitioner submits that the petitioners are agricultural coolies and the occurrence took place in the year 1998 and further, they have no intention to commit the offences. Even according to the case of the prosecution, the entire occurrence took place in the spur of the moment due to provocation. 5. Taking into consideration of the date of occurrence and the humiliation suffered by the petitioners herein, this Court is of the view that, to meet the ends of justice, the sentence of imprisonment can be set aside and appropriate fine can be imposed against the petitioners herein. 6. Accordingly, A.1 is directed to pay Rs.6,000/- for the offence under Section 324 IPC and Rs.4,000/- for the offence under Section 332 IPC. As far as the 2nd petitioner is concerned, sentence of imprisonment is also set aside and he is directed to pay a sum of Rs.5,000/- as fine. 7. With the above modification, this Criminal Revision Case is disposed of. The fine amount already paid can be deducted. The petitioners are directed to deposit the money within a period of four weeks from the date of copy of order made ready. _______________________ Justice RAJA ELANGO Dated 4-6-2010 Dvs HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.88 OF 2006 Dated 4-6-2010