THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.699 OF 2005 DATED 22nd OCTOBER, 2010. BETWEEN : M.Mani ..Petitioner-Accused and The State of A.P. ..Respondent THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.699 OF 2005 ORDER: This Criminal Revision Case under Sections 397 and 401 of the Code of Criminal Procedure is filed by the petitioner- accused against the judgment, dated 20.04.2005 rendered in Criminal Appeal No.189 of 2004 by the III Additional Sessions Judge, Tirupathi, wherein the learned Sessions Judge confirmed the conviction and sentence passed by the III Additional Judicial Magistrate of I Class, Tirupathi, in C.C.No.1034 of 2000 on 30.07.2004, wherein the learned Magistrate convicted the accused under Section 255 (2) Cr.P.C. and sentenced him to undergo simple imprisonment for six months and to pay a fine of Rs.200/- for the offence punishable under Section 304A of Indian Penal Code and also sentenced him to pay fine of Rs.100/- for the offence punishable under Sections 134 (a) (b) read with 187 of M.V. Act. 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 occurrence is of 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 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, the sentence of imprisonment imposed on the petitioner is hereby modified to that of the period already undergone by him. Further, the petitioner shall pay a fine of Rs.3,000/-, apart from the fine amount already paid by him, within a period of four weeks from the date a copy of this order is made ready, in default to undergo three months rigorous imprisonment. 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