THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.654 of 2004 ORDER: 1 The petitioners herein along with two others were tried by the learned II Additional Munsif Magistrate, Tenali in C.C.No.356 of 1999 for the offences punishable under sections 324 and 326 of IPC. 2 The facts in brief are that on 11.09.1999 at about 3.00 p.m. at Chadalawada village, there occurred a wordy quarrel between P.W.1 and the accused in respect of poling of the vote of his sister in law but it was subsided. Later on the same day at 7.30 p.m A.1 hacked P.W.1 with an axe on his head, while A.2 to A.4 bat him with sticks causing injuries to him. A.3 beat P.W.2 with coconut cutting knife and caused injury on his right hand and on his body. In that connection a case in Cr.No.89 of 1999 was registered and investigated into and after completion of investigation the police filed charge sheet. 3 In order to substantiate its claim, the prosecution examined P.Ws.1 to 8 and got marked Exs.P.1 to P.4. 4 The trial court having assessed the said evidence, came to the conclusion that the petitioners are guilty of the said offences and accordingly by its judgment dated 09.12.2002 while acquitting the accused 2 and 4 of all the charges, convicted and sentenced the petitioners who are A.1 and A.3 to suffer simple imprisonment for a period of three months for the offence punishable under section 324 of IPC. Questioning the same, the petitioners preferred Criminal Appeal No.1 of 2003 and the learned V Additional District & Sessions Judge, Guntur by his judgment dated 02.04.2004 dismissed the said appeal. Hence the present revision. 5 When the matter is taken up for hearing, the learned counsel for the petitioners fairly conceded there are no merits in this revision and that the judgments of the courts below need no interference, however, requested the court take a lenient view in so far as the said sentence imposed on the petitioners is concerned. 6 In the light of the said submission, this court looked into the record. The appellate court dismissed the appeal on 02.04.2004 and the petitioners were taken into custody immediately. It is only after this revision was admitted and bail was granted on 06.04.2004, the petitioners came out of the jail. Thus the petitioners were in jail for a period of five days. Since the sentence of imprisonment imposed on the petitioners is only simple imprisonment for a period of three months and inasmuch as the petitioners were already in jail for a period of five days, and since the date of offence is 11.09.1999, this court takes a lenient view and reduces the said sentence of rigorous imprisonment for a period of three months to that of the period which the petitioners had already undergone. 7 Excepting the above modification, this revision, in all other aspects, is dismissed. --------------- 03.02.2011 Kvsn