THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.827 OF 2005 DATED 22nd OCTOBER, 2010. BETWEEN : J.Prasad & others ..Petitioners-A.1 to A.4 and The State of A.P. ..Respondent THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.827 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 petitioners-A.1 to A.4 against the judgment, dated 06.06.2005, rendered in Criminal Appeal No.386 of 2003 by the X Additional District & Sessions Judge (FTC), Guntur at Narsaraopet. Initially, the petitioners were prosecuted in S.C.No.658 of 2001 by the Principal Assistant Sessions Judge, Narsaraopet, wherein the learned Assistant Sessions Judge acquitted the petitioners-A.1 to A.4 under Section 235 (1) Cr.P.C. for the offence punishable under Section 307 of Indian Penal Code (for short ‘IPC’), but convicted them under Section 235 (2) Cr.P.C. and sentenced them to undergo rigorous imprisonment for seven years and also to pay a fine of Rs.3000/- each for the offence punishable under Section 326 IPC. Questioning the same, petitioners filed Criminal Appeal No.386 of 2003. In appeal, the learned Sessions Judge, by impugned judgment, while confirming the conviction passed by the trial Court reduced the sentence of imprisonment to one year. Aggrieved by the same, the present Criminal Revision Case is filed. Heard. After arguing for sometime, the learned counsel for the petitioners by not pressing the main prayer confined his arguments to the extent of imposition of sentence. He further submitted that the parties have settled the matter and the same was also informed to the Appellate Court, but the Appellate Court was not inclined to acquit the accused in view of the fact that the offence committed under Section 326 IPC is punishable with life imprisonment. Thus, he finally requested the Court that in view of the settlement, petitioners may be shown some leniency. 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 occurrence took place in the year 2000 and since then petitioners have suffered humiliation and stigma in the Society. Further, once the parties have settled the issue and want to lead peaceful life, there is no necessity to impose heavy sentence on them. Hence, the conviction passed by the trial Court as confirmed by the Appellate Court is hereby confirmed. However, considering the circumstances of the case, the sentence of imprisonment imposed on the petitioners is hereby modified to that of the period already undergone by them. The remaining portion of the impugned judgment, including fine amount imposed by the trial Court, shall stand unchanged. With above modification, the Criminal Revision Case is disposed of. ________________________ JUSTICE RAJA ELANGO Dated : 22.10.2010 sur