THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.1792 OF 2003 ORDER: 1 The petitioner and three others were tried by the learned Additional Assistant Sessions Judge, Guntur in S.C.No.438 of 1996 for the offence punishable under section 307 of IPC. The trial court, after full fledged trial, found the petitioner who is A.2 in the said case guilty of the said offence and accordingly convicted and sentenced him to undergo rigorous imprisonment for a period of three years and also to pay a fine of Rs.200/- in default, to suffer simple imprisonment for a period of two months. The said judgment dated 10.07.2000 was questioned by way of filing Criminal Appeal No.375 of 2000 and the learned VII Additional Sessions Judge, Guntur by his judgment dated 24.11.2003 while concurring with the findings given by the trial court, however, modified the said conviction from the offence punishable under section 307 of IPC to 324 of IPC and accordingly sentenced him to suffer simple imprisonment for a period of one year and also to pay a fine of Rs.200/-. Hence the petitioner approached this court and filed the present revision. 2 Brief facts are that A.1 had illicit intimacy with P.W.5. Coming to know about the same, P.W.1 questioned P.W.5 about the same and abused her. While so on 30.07.1995 at about 12.00 Noon P.W.1 went to the house of P.W.5 for his cycle. Then A.2 came and quarreled with him, beat him on his right side of the head with chutney pounder and that due to fear when P.W.1 was running away, the petitioner and his second son (A.3), Kurra Narasimharao (A.1) and Bala (A.4) chased him and hit him with a cycle and then he fell down. Then all the accused beat him with chutney pounder and sticks due to which P.W.1 sustained bleeding injuries. Thereupon P.W.1 gave a report before the police, which was registered as a case in Cr.No.95 of 1995 for the offence punishable under section 307 and 324 r/w 34 of IPC and after completion of investigation the police filed the charge sheet. 3 Heard. 4 As seen from the record, the appeal was dismissed on 24.11.2003 and the petitioner was taken into custody on the same day itself and it is only after admission of this revision and granting of bail by this court on 03.12.2003, the petitioner came out of the jail. From the above, it is clear that the petitioner was in jail for a period of 10 days. From the record it further appears that the petitioner was apprehended on 20.09.1995 and from then he was in jail for some time. As the said sentence imposed by the appellate court is only imprisonment for one year, and as the petitioner was in jail for some time, and the alleged offence took place on 30.07.1995, this court takes a lenient view. 5 Accordingly, the said sentence of simple imprisonment for a period of one year imposed on the petitioner by the appellate court below is reduced to that of the period, which the petitioner had already undergone. Excepting the above modification, in all other aspects this revision is dismissed. -------------- 28.10.2010 Kvsn