THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.1204 OF 2005 DATED 22nd OCTOBER, 2010. BETWEEN : Shaik Hussainvali @ Hussain ..Petitioner-A.1 and The State of A.P. ..Respondent THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.1204 OF 2005 ORDER: This Criminal Revision Case under Sections 397 and 401 of the Code of Criminal Procedure is filed by the petitioner- appellant against the judgment, dated 09.08.2002, rendered in Criminal Appeal No.311 of 2002 by the XI Additional District & Sessions Judge (FTC), Guntur at Tenali. Initially, the petitioner and A.2 were prosecuted in Sessions Case No.197 of 2001 by the Additional Assistant Sessions Judge, Tenali, for the offence punishable under Section 307 read with 34 of Indian Penal Code (for short ‘IPC’) wherein the learned Assistant Sessions Judge by judgment dated 09.08.2001 acquitted A.1 and A.2 under Section 235 (1) Cr.P.C. for the offence punishable under Section 307 IPC, but convicted A.1 under Section 235 (2) Cr.P.C. for the offence punishable under Section 326 IPC and sentenced him to undergo rigorous imprisonment for four years and also to pay a fine of Rs.500/- in default to suffer simple imprisonment for three months. Challenging the same, A.1 preferred Criminal Appeal No.311 of 2002. In appeal, by the impugned judgment, the learned Sessions Judge modified the conviction passed by the trial Court from Section 326 IPC to Section 324 IPC and sentenced the petitioner-A.1 to suffer rigorous imprisonment for six months. Aggrieved by the same, present Criminal Revision is filed by the petitioner. Heard. After arguing for sometime, the learned counsel for the petitioner by not pressing the main prayer confined his arguments to the extent of imposition of sentence and requested the Court to show some indulgence on the petitioner. Learned counsel also submitted that the petitioner undergone imprisonment for nearly two months. 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 crime occurred in the year 2000 and for all these years the petitioner suffered humiliation and also stigma in the society. It is represented that the petitioner is the sole breadwinners of his family and has to look after the welfare his family members. In these circumstances, this Court is inclined to show some lenience against the petitioner. Accordingly, the conviction imposed by the trial Court as confirmed by the Appellate Court is hereby confirmed. However, considering the circumstances of the case, the sentence imposed on the petitioner is hereby reduced to that of the period already undergone by him in prison. The remaining portion of the impugned judgment shall stand unchanged. With above modification, the Criminal Revision Case is disposed of. ________________________ JUSTICE RAJA ELANGO Dated : 22.10.2010 sur