HON’BLE SRI JUSTICE G. KRISHNA MOHAN REDDY CRIMINAL REVISION CASE No.631 OF 2004 Date: 28-06-2011 Between: Behra Shankara Rao @ Sankar Behra. - - - Petitioner/ Appellant/ Accused. Versus The State of A.P., Rep. By its Public prosecutor, High Court of A.P., Hyderabad. - - - Respondent. This Court made the following : HON’BLE SRI JUSTICE G. KRISHNA MOHAN REDDY CRIMINAL REVISION CASE No.631 OF 2004 JUDGMENT: This Criminal Revision Case is preferred by the Petitioner- Accused against judgment, dated 04-02-2004, rendered in Criminal Appeal No.45 of 2003 by the learned I Additional District and Sessions Judge, Srikakulam. 2. The Petitioner-Accused was prosecuted in S.C. No152 of 2002 for the offences punishable under Sections 304-B, 498-A and 306 read with Section 34 of I.P.C. and Sections 3 and 4 of Dowry Prohibition Act, 1961. After due trial, the learned Assistant Sessions Judge, Rajam, Srikakulam District convicted the petitioner for the offence punishable under section 498-A and 306 of I.P.C. and sentenced him to undergo Rigorous Imprisonment for three years and to pay a fine of Rs.5,000/- and in default of payment of the fine to undergo simple imprisonment for six months for the offence punishable under Section 306 of I.P.C. and for one year and to pay a fine of Rs.500/- and in default of the payment of fine to suffer imprisonment for three months for the offence punishable under Section 498-A of I.P.C. vide judgment, dated 31-01-2003. Whereas, as against the said conviction and sentences, the petitioner filed the Criminal Appeal No.45 of 2003 on the file of I Additional District and Sessions Judge, Srikakulam and the learned Additional Sessions Judge, having gone through both oral and documentary evidence adduced, dismissed the Criminal Appeal confirming the conviction and sentences imposed by the trial Court vide judgment, dated 04-02-2004. Challenging the same, the petitioner has preferred this Revision. 4. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the Respondent – State. 5. The prosecution version in brief is that the petitioner being the husband of the deceased used to harass her for want of additional dowry and on 10-03-2002 an altercation took place between the petitioner and deceased whereas the petitioner asked her to die and as such the deceased got disgusted with life on account of the attitude of the accused and set herself ablaze by pouring kerosene and committed suicide. 6. After arguing for some time, learned counsel for the petitioner not pressed the main prayer and confined his arguments to the extent of reduction of sentence and requested the Court to show some indulgence on the petitioner. 7. In view of the said submission and also the fact that the trial Court as well as the appellate Court gave concurrent findings, this Court is of the view that the merits of the prosecution case and the impugned judgment need not be adjudicated. 8. Admittedly, the offence took place in the year 2002 and for all these years the petitioner must have suffered humiliation by attending various Courts in connection with this case and loosing valuable part of his life and he also might have incurred lot of expenditure consequently. In these circumstances, this Court is inclined to show some lenience towards the petitioner. 9. Accordingly, the conviction recorded against the petitioner-accused by the trial Court for the offences punishable under Sections 498-A and 306 of I.P.C. as confirmed by the appellate Court are confirmed and the sentence of imprisonment is modified from three years to one year for the offence punishable under Section 306 I.P.C. and from one year to six months for the offence punishable under Section 498-A I.P.C. keeping the fine clause intact. It is further ordered that both the sentences should run concurrently. The period of imprisonment, if any, undergone by the petitioner shall be given set off under Section 428 of Cr.P.C. With the above modification, the Criminal Revision Case is dismissed. __________________________ G. KRISHNA MOHAN REDDY, J 28h June, 2011. Dsh THE HON’BLE SRI JUSTICE G. KRISHNA MOHAN REDDY 201 CRIMINAL REVISION CASE No.631 OF 2004 June, 28, 2011 DSH