THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.1193 OF 2005 DATED 1st OCTOBER, 2010. Between : Abdul Aleem ..Petitioner-Accused and The State of A.P. ..Respondent THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.1193 OF 2005 ORDER: This Criminal Revision Case under Sections 397 and 401 of the Code of Criminal Procedure (for short ‘Cr.P.C.’) is filed by the petitioner-accused against the judgment, dated 11.07.2005, rendered in Criminal Appeal No.70 of 2004 by the II Additional Sessions Judge, Adilabad. Initially, the petitioner-accused were prosecuted in C.C.No.292 of 2002 for the offence punishable under Sections 337, 338 and 304A IPC, wherein after due trial, the learned Judicial Magistrate of First Class, Adilabad, by judgment dated 09.09.2004 found the accused guilty of the offence punishable under sections 304A, 337 and 338 IPC and convicted him under Section 255 (2) Cr.P.C. and sentenced to undergo rigorous imprisonment for one year for the offence punishable under Section 304A IPC. But, no separate sentences were imposed by the trial Court for the offences punishable under Sections 337 and 338 IPC. As against the said judgment and conviction, petitioner preferred an appeal in Crl.A.No.70 of 2004 and the learned Sessions Judge by impugned judgment dismissed the appeal confirming the conviction and sentence imposed by the trial Court. Challenging the same, petitioner filed the present revision. 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. 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 2002 and for all these years the petitioner suffered humiliation and also stigma in the society. It is represented that the petitioner is the sole breadwinner 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 and since there is no separate sentences imposed on the petitioner for the offence punishable under Sections 337 and 338 IPC, the sentence of imprisonment imposed on the petitioner for the offence punishable under Section 304A IPC is modified to that of the period already undergone by the petitioner in prison. Further, the petitioner shall pay a fine of Rs.2,500/- within a period of one month from the date a copy of this order is made. The remaining portion of the impugned judgment shall stand unchanged. With above modification, the Criminal Revision Case is disposed of. ________________________ JUSTICE RAJA ELANGO Dated : 01.10.2010 sur