THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE SEVENTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE NO.796 OF 2005 Between : Kona Adinaidu ....PETITIONER A N D The State of A.P. …RESPONDENT THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.796 OF 2005 ORDER: This criminal revision case is filed under Section 397 read with 401 of the Code of Criminal Procedure, 1973, against the judgment, dated 16.05.2005, in Crl.A.No.63 of 2003, on the file of the V Additional Sessions Judge, Visakhapatnam, whereunder and whereby, the convictions and sentences recorded against the petitioner/accused for the offence punishable under Section 326 I.P.C., recorded in the judgment, dated 8.09.2003, in C.C.No.130 of 2009, on the file of the Additional Judicial Magistrate of First Class, Chodavaram, were modified by reducing the sentence of imprisonment from one year rigorous imprisonment to six months rigorous imprisonment for the offence under Section 326 IPC and rest of the findings are unaltered including the fine amount. 2. The case of the prosecution is that on 04.04.1999 P.W.1 took his flock of goats for grazing along with P.W.2. Accidentally, some goats went into the sugar cane field of accused and that the accused who saw the same, attended to the spot and questioned P.W.1 about the incident. Due to that reason, the accused grow wild on P.W.1 and beat him with a stout bamboo stock on his left knee joint, due to which he sustained grievous injuries. Thus, the accused has committed an offence punishable under Section 326 I.P.C. 3. Heard the learned counsel for the petitioner and learned Public Prosecutor. 4. Learned counsel appearing for the petitioner after arguing for some time confined his arguments only in connection with question of sentence. This Court perused the records and also the evidence adduced by the witnesses. The reason for occurrence as follows: On 04.04.1999 at about 03-30 p.m. P.W.1 G.Demudu took his flock of goats for grazing and P.W.2 G.Ramana, followed him. Accidentally some of the goats entered into the sugar cane fields of the appellant and caused damage to his sugar cane crop. On noticing the same, the appellant questioned P.W.1 as to why he allowed his goats into his sugarcane field. In this connection, the appellant grew wild and beat P.W.1 with a stout bamboo stick on his left knee joint, as a result, P.W.1 sustained grievous injury i.e., fracture and P.W.2 witnessed the same and went to the spot and rescued P.W.1 from the hands of the appellant. 5. On a perusal of the said incident, it is very clear that the entire occurrence took place in a sudden quarrel between the injured and the petitioner herein. This Court also observed that the weapon used in the commission of offence is a stick and the same is available in the said field. Considering the facts and circumstances of the case, the sentence of imprisonment is reduced to the period already undergone and the fine amount imposed by the trial Court is not interfered with. 6. With the above modification, the Criminal Revision Case is disposed of. _________________________ JUSTICE RAJA ELANGO SEPTEMBER 17, 2010. YVL