THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.403 OF 2006 DATED 15th DECEMBER, 2010. BETWEEN : Mettegunta Kutumba Rao @ Saibaba ..Petitioner-accused and The State of A.P. ..Respondent THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.403 OF 2006 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 28.02.2006, rendered in Criminal Appeal No.23 of 2001 by the learned V Additional Sessions Judge (FTC) at Mahabubnagar confirming the judgment of conviction and sentence passed in C.C.No.239 of 1999 on 24.01.2001 by the Judicial Magistrate of First Class, Mahabubnagar, in which the petitioner was convicted under Section 248 (2) Cr.P.C. and sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs.2,000/-, in default to suffer simple imprisonment for one month, for the offence punishable under Section 381 of Indian Penal Code. 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 pertains to the year 1999 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 reduced to that of the period already undergone by him in prison. The remaining portion of the impugned judgment including fine amount shall stand unchanged. With above modification, the Criminal Revision Case is disposed of. ________________________ JUSTICE RAJA ELANGO Dated : 15.12.2010 sur