THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.1069 OF 2005 DATED 13th DECEMBER, 2010. BETWEEN : M.Venkataiah .. Petitioner and The State of A.P. ..Respondent THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.1069 OF 2005 ORDER: This is a revision arising out of sentence and conviction imposed on the petitioner-accused in Criminal Appeal No.204 of 2000 on 04.06.2005 by the I Additional Sessions Judge, Mahabubnagar. Initially, the accused was prosecuted in C.C.No.202 of 1999 by the learned Judicial First Class Magistrate, Kodangal, wherein he was acquitted for the offence under Section 498A of Indian Penal Code (for short ‘IPC’) but was convicted under Section 248 (2) Cr.P.C. for the offence under Section 324 IPC and sentenced to pay a fine of Rs.4,000/-, in default to suffer simple imprisonment for two months. Challenging the same, petitioner preferred an appeal. In appeal, the learned Sessions Judge modified the conviction passed by the trial Court for the offence under Section 324 IPC to one under Section 323 IPC and sentenced the accused to pay a fine of Rs.1,000/-, in default to suffer simple imprisonment for two months. Aggrieved over the same, accused filed the present revision. Heard. After arguing for sometime, the learned counsel for the petitioner confined his arguments only to the extent of imposition of sentence and prayed this Court to show some indulgence on the petitioner. In view of the said submission of the learned counsel for the petitioner, the merits and demerits of the impugned judgment need not be adjudicated now. The offence took place in the year 1999 and for all these years the accused suffered stigma and humiliation in the Society. Petitioner is now aged about more than 60 years. Hence, this Court is of the view that a lenient view can be taken in favour of the appellant in imposition of sentence. Accordingly, the conviction imposed by the Appellate Court is hereby confirmed. However, the fine amount of Rs.1,000/- imposed by the appellate Court is hereby reduced to Rs.100/-. If the petitioner has not paid the fine amount earlier, he shall pay the fine amount now imposed on or before 15.03.2011. If the petitioner had already paid the fine amount as ordered by the Courts below, excess amount paid by him, if any, shall be returned to him. The remaining portion of the impugned judgment shall stand unchanged. With above modification, the Criminal Appeal is disposed of. ________________________ JUSTICE RAJA ELANGO Dated : 13.12.2010 sur