THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.126 of 2011 JUDGMENT: A case in Crime No.227 of 2004 of Sulthanabad Police Station was registered against the petitioner and his mother for the offences punishable under Sections 498-A, 323 and 209 IPC. After investigation, the charge sheet was filed and the same taken on file as C.C.No.22 of 2005 on the file of the Special Judicial Magistrate of First Class, Sulthanabad against the accused for the offences punishable under Sections 498-A and 323 IPC. During the course of trial, the prosecution examined P.Ws.1 to 7 and exhibited Exs.P-1 and P-2. The learned Magistrate having analysed the entire evidence, both oral and documentary, on record, came to the conclusion that the petitioner herein-accused No.1 is guilty of the said offences, but, however, held that the prosecution failed to bring home the guilt of Accused No.2 and accordingly, acquitted her. Accordingly, by his judgment, dated 09.01.2008, the learned Magistrate sentenced the petitioner-Accused No.1 to suffer rigorous imprisonment for a period of two years and also to pay a fine of Rs.3,000/-, for the offence punishable under Section 498-A IPC and also sentenced him to suffer rigorous imprisonment for a period of six months and to pay a fine of Rs.500/- for the offence punishable under Section 323 IPC and ordered that both the sentences shall run concurrently. The same was questioned by the petitioner herein by filing Criminal Appeal No.10 of 2008 on the file of the III Additional Sessions Judge, Karimnagar. Along with the said appeal the petitioner herein also filed an application seeking to condone the delay in filing the said appeal and the same was ordered by the Sessions Judge. However, the learned Sessions Judge having reassessed the entire evidence which was brought on record by the prosecution agreed with the findings recorded by the trial Court and upheld the judgment of the trial Court, but, however, reduced the sentence of rigorous imprisonment of two years for the offence under Section 498-A IPC imposed by the trial Court to that of one year, vide judgment dated 09.04.2010. Hence, the petitioner approached this Court and filed the present Criminal Revision Case. The case of the prosecution in brief is that the petitioner herein-Accused No.1 and the victim (PW-2), who is the daughter of the de facto complainant (P.W-1), are husband and wife. Accused No.2 is the mother of Accused No.1. While so, for about one year after the marriage, the couple lived happily, but, thereafter, A-1 and A-2 started harassing the victim and subjected her to cruelty, both mentally and physically, demanding to bring additional dowry and also necked out from their house. In spite of advice of the elders in the panchayat to the accused, the accused continued their harassment to P.W-2. Further, on 09.12.2004, at about 8 pm., A-1 went to the house of P.W-1 and abused P.Ws.1 and 2 demanding additional dowry of Rs.50,000/- and when P.W-1 tried to convince, A-1 beat him and his son with hands and pressed his throat. In this connection, on the report given by P.W-1, a case was registered and after completion of investigation, the charge sheet was filed. Learned counsel for the petitioner submitted that the petitioner is in jail from 31.08.2010 and to establish the same he produced a jail certificate issued by the Superintendent, District Jail, Karimanagar. From the said certificate, it is clear that the petitioner was taken into custody on 31.08.2010 and as on today he is lodged in jail. The sentence of imprisonment imposed on the petitioner by both the Courts below is only one year for the offence punishable under Section 498-A IPC and rigorous imprisonment for six months for the offence punishable under Section 323 IPC, which were ordered to run concurrently. Thus, it is clear that the petitioner has undergone a substantive portion of sentence imposed on him by both the Courts below. Hence, this Court is of the view that a lenient view can be taken. Accordingly, the sentence of simple imprisonment of one year for the offence punishable under Sections 498-A IPC imposed on the petitioner-accused by III Additional Sessions Judge, Karimnagar, by the judgment, dated 09.04.2010, passed in Criminal Appeal No.10 of 2008,is reduced to that of the period already undergone by him, while maintaining the sentence of fine. Except the said modification in the sentence of imprisonment, in all other aspects, this Criminal Revision Case stands dismissed. As the petitioner is in jail, the Office is hereby directed to send a copy of this order to the jail authorities and the jail authorities shall release the petitioner forthwith, if he is not required in connection with any other crime. ___________________________________ JUSTICE GOPALA KRISHNA TAMADA 28th January 2011 DR