THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.639 of 2011 JUDGMENT: This Criminal Revision Case is filed by the petitioners-A3 and A4 against the judgment, dated 16.3.2011 made by the VI Additional District and Sessions Judge (FTC), West Godavari, Narsapur, in Crl.A.No.150 of 2010 modifying the judgment dated 3.3.2009 made in C.C.No.98 of 2001 by the Additional Judicial First Class Magistrate, Palakol, West Godavari District. The case of the prosecution in brief is as follows: In the month of May, 1997, the appellants and five others approached the residents of Pandithavilluru viz., L.Ws.1 to 35 and represented that they are running “Sagar Innovations Architech Unit” in Visakhapatnam and their main aim is to improve the financial status of poor victims. All the accused with common object of cheating the victims made them to believe their representations. All the victims believed the representations made by the accused that they would pay double the amount within two years. Making such representations, the accused collected Rs.21,89,400/- from 35 victims by executing promissory notes and failed to repay the same. On the basis of the report of L.W.1, a case in crime No.51 of 2000 was registered. After completion of the investigation, the police filed a charge sheet. The same was taken cognizance as C.C.No.98 of 2001 for the offence punishable under section 420 IPC. But however, the case against A2 and A7 is separated and numbered as C.C.No.13 of 2008. On appreciation of both oral and documentary evidence, the trial Court found accused Nos.5 and 6 not guilty for the offence under section 420 IPC and hence acquitted them, but found A1, A3 and A4 guilty of the offence punishable under section 420 IPC and accordingly, sentenced A1 to undergo R.I. for three years for the offence under section 420 IPC and sentenced A3 and A4 to undergo R.I. for two years for the offence under section 420 IPC. The said judgment was questioned by the appellants-A3 and A4 by way of filing an appeal in Crl.A.No.150 of 2010 before the VI Additional District & Sessions Judge (FTC), Narsapur. The learned Sessions Judge while confirming the conviction recorded by the trial Court, reduced the sentence of two years R.I. to One year and 10 months each and to pay a fine of Rs.1,000/- in default to suffer R.I. for one month each. Questioning the said judgment, the petitioners-A3 and A4 filed the present revision. Learned Counsel for the petitioners-accused fairly conceded that this is not a fit case for interference, but having regard to the fact that the petitioners have been wandering around the courts since 2001, a lenient view may be taken. Heard and perused the material available on record. In the facts and circumstances of the case and in view of the nature of the offence committed by the petitioners-accused, I feel that the judgment of the lower appellate Court does not warrant any interference. But however, having regard to the fact that the petitioners-A3 and A4 are wandering around the Courts since 2001, this Court is of the view that this is a fit case wherein a lenient view can be taken. Accordingly, the sentence imposed by the lower appellate Court for the offence under Section 420 IPC against the petitioners-A3 and A4 is reduced to the period already undergone. In the result, the sentence of imprisonment imposed on the petitioners-A3 and A4 by the learned VI Additional District & Sessions Judge (FTC), West Godavari District at Narsapur in Crl.A.No.150 of 2010 by judgment dated 16.3.2011 is modified and the said sentence is reduced to that of the period, which the petitioners had already undergone. However, the fine amount of Rs.1,000/- imposed on each of the petitioners is enhanced to Rs.5,000/- each and the balance amount of fine shall be paid within four weeks from today. The petitioners shall be set at liberty forthwith, if they are not required in any other crime. Excepting the said modification, in all other aspects, this revision is dismissed. _______________________ GOPALA KRISHNA TAMADA, J 8th April, 2011 Nn THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.639 of 2011 8.4.2011