HON’BLE SRI JUSTICE G. KRISHNA MOHAN REDDY CRIMINAL REVISION CASE No.1217 OF 2004 Date: 14-07-2011 Between: M. Jayaprakash. - - - Petitioner/ Appellant/ Accused. Versus The State of A.P., Rep. By its Public prosecutor, High Court of A.P., Hyderabad. - - - Respondent. This Court made the following : HON’BLE SRI JUSTICE G. KRISHNA MOHAN REDDY CRIMINAL REVISION CASE No.1217 OF 2004 JUDGMENT: This Criminal Revision Case is preferred by the Petitioner- Accused against judgment, dated 15-07-2004, rendered in Criminal Appeal No.333 of 2003 by the learned VI Additional District and Sessions Judge (FTC), Tirupati, Chittoor District confirming conviction and sentence imposed in S.C. No.336 of 2002 on the file of Assistant Sessions Judge, Piler. 2. The Petitioner/Accused (for short, ‘the accused’) was prosecuted in Sessions Case No.336 of 2002 for the offences punishable under Sections 397 and 395 of I.P.C. After due trial, the learned Assistant Sessions Judge, Piler, Chittoor District convicted the Accused under Section 235 (2) Cr.P.C. for the offence punishable under section 392 of I.P.C. and sentenced him to undergo Simple Imprisonment for a period of five years and acquitted him under Section 235 (1) Cr.P.C. of the offence punishable under Section 397 I.P.C. vide judgment, dated 07-07-2003, whereas against the said conviction and sentence, the accused filed the Criminal Appeal No.333 of 2003 on the file of learned VI Additional District and Sessions Judge, Tirupati, Chittoor District which was dismissed and challenging the same, the accused has preferred this Revision. 3. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the Respondent – State. 4. The prosecution version in brief is that on 23-01-2002 at 03-00 a.m. near Mallollapalli village on Piler - Tirupati road, the accused kept paddy and groundnut hay across the road and stopped one lorry being driven by P. Subbarayudu and threatened Chowdavarapu Sivananda Reddy who was travelling by the lorry at the point of knife and robbed Rs.120/- from his shirt pocket and later the accused stopped another lorry which came from Tirupati side and threatened J. Annamaiah and N. Ramaiah passengers of it but did not get anything from them and subsequently he stopped one APSRTC bus coming from Tirupati side and threatened K. Venkataiah, conductor and Shaik Mohammed Kaleem, Driver of the bus and asked C. Sivananda Reddy to get into the bus and to collect valuables from the inmates of the bus and in the meanwhile, the accused robbed cash of Rs.1,400/- from the conductor’s cash bag, one gold minor chain with leaf design dollar having the figure of Venugopalaswamy, one ordinary gold ring having letter ‘M’ and Rs.40/- from Pathan Moulali, passenger of the bus at the point of knife and got down the bus and decamped with the booty. 5. After arguing for some time, learned counsel for the petitioner has not pressed the main prayer and has pleaded that the petitioner has already been in jail for 316 days and sought to reduce the sentence showing some indulgence on the petitioner. 6. In view of the said submission and also the fact that the trial Court as well as the appellate Court gave concurrent findings against the accused of the said offence, this Court is of the view that the merits of the prosecution case and the impugned judgment need not be adjudicated. 7. Admittedly, the offence took place in the year 2002 and for all these years the accused must have suffered humiliation by attending various Courts in connection with this case and lost valuable part of his life and might have also incurred lot of expenditure correspondingly. In these circumstances, this Court is inclined to show some mercy upon the petitioner. 8. Accordingly, the conviction and sentence recorded against the Accused by the trial Court for the offence punishable under Section 392 of I.P.C. as confirmed by the appellate Court is further confirmed but the sentence is modified to the period of detention already undergone by the accused. With the above noted modification, the Criminal Revision Case is dismissed. __________________________ G. KRISHNA MOHAN REDDY, J 14h July, 2011. Dsh THE HON’BLE SRI JUSTICE G. KRISHNA MOHAN REDDY CRIMINAL REVISION CASE No.1217 OF 2004 July, 14, 2011 DSH