THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No. 1053 OF 2005 ORDER: This revision is preferred questioning the judgment dated 4.7.2005 in Criminal Appeal No. 127 of 2004 passed by the learned III Additional District and Sessions Judge, Kakinada confirming the imprisonment and sentence imposed vide judgment dated 27.7.2004 in C.C.No. 448 of 2000 by the learned III Additional Judicial First Class Magistrate, Kakinada The allegation against the accused/petitioner herein is that on 25.11.2000 at about 8.00 p.m. he went to the house of one Chikatla Burrayya, abused him in filthy language and inflicted injuries on him with stick. Based on a complaint submitted by him, a crime in Crime No. 185 of 2000 was registered under section 324 read with section 34 of Indian Penal Code. On behalf of prosecution P.W.1 to 6 were examined and Ex.P1 to P9 were marked. Upon considering the evidence available on record, the trial Court found the accused guilty of the offence punishable under section 325 of IPC and convicted him under section 248 (2) of Criminal procedure Code and sentenced to undergo rigorous imprisonment for a period of six months and also sentenced to pay a fine of Rs.500/- in default to undergo simple imprisonment for a period of one month. As against the said judgment the petitioner preferred an appeal in Criminal Appeal No. 127 of 2004 which ended in dismissal by orders dated 4.7.2005. Hence, the present revision. Learned counsel for petitioner after arguing the matter on merits for some time, prayed this Court to take a lenient view having regard to the fact that the alleged incident took place on 25.11.200 and the matter is pending since 2000. Heard the learned counsel for petitioner and learned Public Prosecutor and perused the material available on record. Having regard to the facts and circumstances of case, this Court is of the view that there is no reason warranting interference with the concurrent findings recorded by the Courts below. However, taking into consideration the fact that the matter is pending since 2000, it is felt appropriate that a lenient view can be taken in the matter. Hence, while confirming the conviction, the sentence is modified and reduced to the period of sentence already undergone by the petitioner. Further, the petitioner is directed to pay a sum of Rs. 1000/- (Rupees one thousand only) towards fine, within eight weeks from the date of receipt of copy of this order. On failure to pay such an amount, the petitioner shall undergo simple imprisonment for a period of one month. The fine amount now imposed is in addition to the fine imposed by the trial Court. Subject to above modification, the Criminal Revision case is disposed of. _____________ RAJA ELANGO,J DATE:20.1.2011 TVK THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.1053 OF 2005 Date: 20.1.2011