THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.1971 of 2004 JUDGMENT: This Criminal Revision Case is directed against the judgment dated 25.11.2004 made in Crl.A.No.60 of 2004 by the V Additional Sessions Judge, Warangal. The case of the prosecution is as follows: The 2nd petitioner-A2 and P.W.1-N. Bixapathi are the Milk vendors. Both of them were having disputes with regard to their Milk business. On 10.12.1999 at about 7 a.m., there was a quarrel between P.W.1 on one side and both the accused on the other and they exchanged hot words in the presence of P.W.4-R.Laxminarayana. So, both the petitioners-accused hatched a plan to attack P.W.1 and to cause injuries to him. On the same day at about 9 a.m., while P.W.1 was going to Nekkonda on his bicycle by taking the milk both the accused beat P.W.1 with sticks on his head and face, as a result of which, P.W.1 sustained bleeding injury on his head, cut injury on his nose and lost his upper right incisor tooth, and his left incisor tooth was broken. On coming to know about the incident P.W.2-Y. Devender, the younger brother of the injured lodged a complaint before the Police Parvathagiri on the same day at 2.15 p.m. The relatives of P.W.1 took him to MGM Hospital, Warangal, where he was treated by P.W.7-P. Basaveshwari. The police registered a case in Crime No.110/99 against the petitioners. After completion of the investigation, charge sheet was filed and the same was taken cognizance as C.C.No.798 of 2001 for the offence under Section 326 r/w 34 IPC. On appreciation of both oral and documentary evidence, the trial Court found the petitioners-accused guilty of the said offence and accordingly sentenced them to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs.2,000/- each in default to suffer simple imprisonment for a period of six months each for the offence under Section 326 r/w 34 IPC. It was also directed that out of the total fine amount of Rs.4,000/-, an amount of Rs.2,000/- shall be paid to the injured i.e., P.W.1-Nellapu Bixpathi. Challenging the said judgment, the petitioners-accused preferred an appeal in Crl.A.No.60 of 2004 before the V Additional Sessions Judge, Warangal. The learned Additional Sessions Judge confirmed the conviction and the sentence imposed by the Court below. Questioning the said judgment, the petitioners filed the present revision. Learned Counsel for the petitioners-accused fairly conceded that this is not a fit case for interference, but he requested to take a lenient view insofar as the sentence of imprisonment is concerned, having regard to the fact that the offence is of the year 1999. In the facts and circumstances of the case and in view of the nature of the offence committed by the petitioners-accused, I feel that the conviction recorded by the Courts below do not warrant any interference. But however, having regard to the fact that the petitioners have been wandering around the Courts since 1999, this Court is of the view that this is a fit case where a lenient view can be taken. Accordingly, the sentence imposed by the Courts below against the petitioners-accused for the offence under Section 326 r/w 34 IPC is reduced to the period already undergone. In the result, the Criminal Revision Case is dismissed. But however, the sentence of rigorous imprisonment for a period of two years imposed against the petitioners-accused by the Courts below for the offence under Section 326 r/w 34 IPC is reduced to that of the period already undergone while enhancing the fine amount imposed by the Courts below to Rs.5,000/- each. At this stage, it is submitted that the fine imposed by the trial Court was already paid. Therefore, the petitioners are directed to pay the balance fine amount of Rs.3,000/- each, within a period of four weeks from the date of receipt of a copy of this Order, in default, the petitioners shall undergo the sentence of imprisonment as imposed by the Courts below in this regard. It is further directed that the entire fine amount shall be paid to P.W.1-Nellapu Bixpathi towards compensation. _______________________ GOPALA KRISHNA TAMADA, J 31st March, 2011 Nn THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.1971 of 2004 31.3.2011