HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.928 of 2004 JUDGMENT: The petitioners herein-A.1, A.3 to A.9 and A.11, were tried in C.C.No.200 of 1999 by the learned II Addl. Judicial Magistrate of First Class, Tanuku, for the offence punishable under Section 324 r/w 34 IPC. During the course of trial, on behalf of prosecution, P.Ws.1 to 8 were examined and Exs.P.1 to P.5 were marked. No oral or documentary evidence was adduced on behalf of defence. The learned Magistrate, having been satisfied with the evidence on record, came to the conclusion that the accused are guilty of the said offence and also the offence under Section 147 IPC, and accordingly, convicted and sentenced them to undergo simple imprisonment for a period of six months each for the offence under Section 324 r/w 34 IPC and also sentenced them to undergo simple imprisonment for six months each for the offence under Section 147 IPC, by judgment dated 01.10.2002. As against the said judgment, the accused filed Crl.A.No.166 of 2002 on the file of the IV Addl. Sessions Judge, Tanuku, and the same was dismissed on 31.05.2004. Being aggrieved by the same, the accused preferred this revision. 2. For the purpose of convenience, the parties are referred to hereinafter as they were arrayed before the trial court. 3. The case of the prosecution, in brief, is that on 24.06.1998 at 10.30 a.m. the accused with a common intention went to a shandy market, Penugonda, and asked P.Ws.1 to 5 and other vegetable vendors to close their shops on the occasion of bandh. The vegetable vendors informed that the vegetables will be damaged if they do not sell them on the shandy day. Then, the accused grew wild and threw away the vegetables and other perishables. On that, P.W.1 and P.Ws.2 to 5 admonished the accused. Then the accused chased the shop owners and A.10 beat P.W.1 with an iron rod and caused injuries. Basing on the report of P.W.1, Crime No.43 of 1998 was registered against the accused for the offence punishable under Section 324 r/w 34 IPC. After completion of investigation and after receiving the report of the Medical Officer that the injuries are simple in nature, the police filed charge sheet against the accused. The case of the accused is of total denial. 4. Heard both sides. 5. Having looked into the evidence and also perused the judgments passed by the courts below, this Court is of the view that the petitioners-accused are guilty of the said offences. Therefore, I see no merits in this revision. 6. However, it is a fact that the alleged offence has taken place in the year 1998 and after dismissal of the appeal filed by the petitioners on 31.05.2004, the petitioners were taken into custody and thereafter this Court granted bail to them by an order dated 16.06.2004. Thus, the petitioners have undergone a sentence of 16 days. In the light of the above, this Court takes a lenient view and reduces the sentence of imprisonment imposed by the trial court as confirmed by the appellate court to that of the period already undergone by the petitioners. 7. With the above modification, the Criminal Revision Case is dismissed. ______________________________ GOPALA KRISHNA TAMADA, J 13th July, 2010. CBS HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.928 of 2004 (Dismissed) 13th July, 2010 CBS HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No. 928 of 2004 DATE:13.07.2010 Between: Tatapudi Arhaiah and others … Petitioners And State represented by Public Prosecutor, High Court of A.P., Hyderabad. … Respondent