THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.370 of 2011 JUDGMENT: This Criminal Revision Case is directed against the judgment, dated 03.01.2011, passed by the IV Additional Sessions Judge, East Godavari, Kakinada in Crl.A.No.368 of 2008, wherein and whereby the judgment, dated 02.12.2008, passed in C.C.No.335 of 2003 on the file of the Judicial Magistrate of First Class, Pithapuram, convicting and sentencing the petitioner-accused No.5 to undergo rigorous imprisonment for a period of one year each for the offences punishable under Sections 420, 468 and 471 IPC and further to suffer rigorous imprisonment for six months for the offence punishable under Section 465 IPC, and to pay a fine of Rs.1,000/- each, in default to suffer simple imprisonment for six months, for the offences punishable under Sections 420 and 471 IPC was confirmed. The succinct facts of the prosecution case are that the Government took formation of road work in the cart track/puntha at Kodavali under PANIKI AHARA PATHAKAM and distribution of rice was allotted to the ration shop No.20 of one Burra Krishna Murthy. While so, on 23.10.2002, 70 coolies, who attended the said work, represented to the District Collector for not distributing rice to them, who in turn, instructed the MPDO and MRO, Gollaprolu for distribution of rice to the coolies. The said officials allotted 147.40 quintals of rice for distribution to the holders of coupon numbers as detailed; that the MRO instructed Panchayath Secretary of Kodavali Village was supervising the distribution of rice at ration shop No.20; and that A-5 gave 255 coupons, but the Panchayath Secretary and the public suspected the said coupons and on questioning, A-5 replied that the said coupons were original and issued by A-1. But, later, on enquiry, the accused confessed that they got printed 1200 similar coupons which are fake, as such, the charge sheet was filed against the petitioner herein and four other accused for the offences punishable under Sections 420, 465, 468 and 471 read with 34 IPC. During the course of trial, on behalf of the prosecution, P.Ws.1 to 8 were examined and Exs.P-1 to P-10 were marked. On behalf of defence, none was examined and no documents were marked. The trial Court after analyzing the entire evidence on record, found the petitioner herein-accused No.5 and other accused guilty of the said offences and accordingly, convicted and sentenced the petitioner herein-A-5, as stated supra, which was confirmed in the appeal. Heard the learned counsel appearing for the petitioner and perused the material papers on record. When the matter is taken up for hearing, learned counsel for the petitioner-accused No.5 fairly conceded that this is not a fit case for interference, but, however, requested this Court to take a lenient view having regard to the fact that the petitioner has been in jail for the past about one month. Having considered the submissions of the learned counsel for the petitioner and also on perusal of the material on record, it is evident that the impugned judgment was pronounced on 03.01.2011 and immediately, the petitioner was taken into custody, and as on today, the petitioner suffered a sentence of about one month. Accordingly, the sentence of rigorous imprisonment imposed on the petitioner-Accused No.5 for the offences punishable under Sections 420, 465, 468 and 471 IPC by both the Courts below 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 31st January 2011 DR