THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.700 of 2004 JUDGMENT: The petitioner herein and others were tried by the II Additional Munsif Magistrate, Tenali in C.C.No.699 of 2000 for the offence punishable under Sections 324 and 326 read with 34 of Indian Penal Code. During the course of trial, on behalf of the prosecution, P.Ws.1 to 9 were examined and Exs.P-1 to P-5 were marked. On behalf of the accused, D.Ws.1 and 2 were examined, but no documentary evidence was adduced. The learned Magistrate having analysed the entire evidence on record, by his judgment, dated, 20.10.2003, acquitted the remaining accused, however, found the petitioner herein-A-1 guilty of the offence punishable under Section 324 and sentenced him to suffer simple imprisonment for a period of three months. The said judgment was questioned by A-1 by filing Criminal Appeal No.399 of 2003 before the XI Additional District and Sessions Judge (Fast Track Court), Guntur, who by his judgment, dated 02.04.2004, dismissed the appeal. The case of the prosecution in brief is that P.W-4 was having hay rick adjacent to the hay stock of A-1, which is also adjacent to the house of one Katta Rubin @ Brahmam, who is the brother of P.W-1. On 20.07.2000, at about 11 pm., the thatched hut of Katta Rubin caught fire. A-1 having noticed the flames raised cries and thereupon, P.W-1 and others ran to the scene. P.W-1 untied the she-buffalo which was in the burning hut. Thereafter, the fire extended up to the haystacks of A-1 and reduced it into ashes. On that, all the accused gathered there and blamed the father of P.W-1 for the fire. When P.W-1 tried to convince them that the father of P.W-1 went to Hyderabad about 4 days prior to the incident, A-1 to A-5 attacked him. Among them, A-1 and A-4 beat him on his head with stick and inflicted injuries. The remaining accused beat on the hand and other parts of the body of P.W-1. When P.W-2 came to the rescue of P.W-1, he was also beaten by A-1. Immediately, P.Ws.1 and 2 went to Amruthaluru Police Station and gave a report, which was registered as a case in Crime No.30 of 2000 for the offences under Sections 324 and 326 read with 34 IPC. The trial Court found the petitioner herein-A-1 alone guilty of the offence punishable under Section 324 IPC and convicted and sentenced him, as stated supra, while the remaining accused were found not guilty of the charges levelled against them. The lower appellate Court, on appeal, confirmed the conviction and sentenced imposed on the petitioner-A-1 by the trial Court. Hence, the present Criminal Revision Case. Heard the learned counsel for the petitioner-A-1 and learned Public Prosecutor appearing for the respondent-State. Having considered the submissions of the learned counsel for the petitioner and also on perusal of the material on record, this Court is of the view that it is not a fit case for interference. The evidence adduced on behalf of the prosecution clearly established the guilt of the accused for the offence punishable under Section 324 IPC and hence, this Revision is liable to be dismissed. However, having regard to the fact that the petitioner was in jail for a period of more than a week, this Court is of the view that the sentence of imprisonment imposed on him by the Courts below can be reduced to that of the period already undergone by him. Except the said modification in the sentence of imprisonment, in all other aspects, this Criminal Revision Case stands dismissed. ___________________________________ JUSTICE GOPALA KRISHNA TAMADA 15th November 2010 DR