THE HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADA CRL.R.C.No.351 of 2004 ORDER This revision is directed against the judgment, dated 23.02.2004, passed by the learned IV Additional District and Sessions Judge, Tanuku, in Crl.A.No.279 of 2000, whereby the conviction and sentence imposed by the learned II Additional Judicial First Class Magistrate, Tanuku in C.C.No.263 of 1997 dated 28.11.2000 against A2 was confirmed and against A3 was set aside. 2. The case of the prosecution, in brief, is that on 06.07.1997 at about 7.00 PM at Peravalli village, an altercation took place between the accused and P.Ws.1 to 3 with regard to construction of thatti with bamboo sticks by the accused closing the way. During the course of the same, all the accused beat P.Ws.1 to 3 with crowbar sticks and hands indiscriminately and caused grievous injuries to them. On the basis of the report given by P.W.1, the Sub-Inspector of Police, Peravalli Police Station registered a case in Crime No.46 of 1997 against A1 to A4 for the offences punishable under Sections 326, 324 read with Section 34 IPC. A1 and A4 are the parents, A3 and A5 are the brother and sister of petitioner/A2 respectively. Immediately after the incident, all the accused were arrested on 08.07.1997. After investigation, police filed the charge sheet and the case was taken on file as C.C.No.263 of 1997 on the file of the II Additional Judicial First Class Magistrate, Tanuku. 3. The injured were examined as P.Ws.1 to 3 and nine more witnesses were also examined on behalf of the prosecution and Exs.P1 to P8 were marked. 4. The trial Court having analyzed the said evidence came to the conclusion that no specific overt acts are attributed to A1, A4 and A5 and accordingly, acquitted them for the offences with which they were charged, but convicted A2 and A3 for the offence under Section 324 IPC and sentenced them to undergo simple imprisonment for a period of two years and to pay a fine of Rs.2,000/-each, in default they shall undergo simple imprisonment for a period of three months each. The said judgment was questioned by A2 and A3 by filing Crl.A.No.279 of 2000, wherein the learned Sessions Judge having reassessed the entire evidence allowed the appeal in part confirming the conviction and sentence imposed against A2 and setting aside the conviction and sentence imposed against A3 by the trial Court. Hence, the petitioner/A2 approached this Court and filed the present revision. 5. Learned counsel for the petitioner fairly conceded that though it is not a fit case to interfere with the judgments impugned, however, requested this Court to take a lenient view in the case of the petitioner. 6. The trial Court as well as the lower appellate Court imposed on petitioner/A2 the sentence of simple imprisonment for a period of two years and to pay a fine of Rs.2,000/-,in default he shall undergo simple imprisonment for a period of three months, for the offence under Section 324 IPC. As per the material on record, P.Ws.1 to 3 were received injuries at the hands of the accused. The evidence of Doctor-P.W.10 shows that P.W1 received grievous injury and P.Ws.2 and 3 received simple injuries. Further, the alleged offence took place on 06.07.1997 i.e., about 13 years back. The material on record shows that the petitioner was arrested on 08.07.1997 and remanded to judicial custody. Later, when the appeal filed by him was dismissed against him on 23.02.2004, the petitioner was taken into custody, and that only after this Court granted bail on 27.02.2004 while admitting the revision, he was enlarged on jail. From this, it is clear that the petitioner had undergone the sentence of imprisonment about 10 to 15 days. As the alleged offence took place in the year 1997, a lenient view can be taken in the case of the petitioner/A2. 7. Accordingly, the sentence of simple imprisonment for a period of two years imposed on the petitioner/A2 by the trial Court as confirmed by the lower appellate Court, is reduced to the period already undergone by him. However, the petitioner is directed to pay a further fine of Rs.3,000/- (Rupees three thousand only). The said enhanced fine amount shall be paid in the trial Court, within a period of four weeks from the date of receipt of a copy of this order. As and when the said fine amount is paid by the petitioner, the trial Court is directed to pay the same to P.Ws.1 to 3. If the same is not paid by the petitioner/A2, the sentence of imprisonment imposed by the Courts below shall automatically comes into operation. 8. With the above directions, the Criminal Revision Case is disposed of. ___________________________ GOPALA KRISHNA TAMADA, J Date:15.12.2010 sj