IN THE HIGH COURT OF JUDICATURE ANDHRA PRADESH AT HYDERABAD FRIDAY THE FIRST DAY OF OCTOBER TWO THOUSAND AND TEN PRESENT: THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No. 927 of 2005 Between: Chalamalasetty Subramanyeswara Rao & 5-Ors. … Petitioners V/s. State of Andhra Pradesh, Represented by its Public Prosecutor, High Court of A.P. Hyderabad … Respondent Counsel for the Petitioners : Sri M. Radhakrishna Counsel for the Respondent : Addl. Public Prosecutor THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION No. 927 OF 2005 O R D E R : This Criminal Revision is directed against the conviction and sentence passed by the Sessions Judge, Krishna at Machilipatnam, in Criminal Appeal No. 140 of 2003, dated 28-1-2005, modifying the sentence imposed by the II-Additional Judicial Magistrate of First Class, Machilipatnam, in STC.No. 9 of 2002. 2. The petitioners were tried for the offence punishable under section 3 and 4 of AP Gaming Act. On appreciation of oral and documentary evidence placed on record, the learned Magistrate found the petitioners guilty and convicted them for the offence punishable under section 4 of AP Gaming Act, 1974 and sentenced them to undergo Rigorous Imprisonment for one month and to pay a fine of Rs.500/- each, in default they shall suffer simple imprisonment for one week each. On appeal, the learned Sessions Judge on re- appreciation of the oral and documentary evidence placed on record confirmed the conviction and set aside the sentence of one month Rigorous Imprisonment by retaining the fine. Challenging the same, the present Criminal Revision is filed. 3. At the hearing, the learned counsel for the petitioners submitted that one independent witness was examined and he has not identified the petitioners and the other witnesses are police officers. Believing the evidence of police officers, the conviction cannot be sustained. He further submitted that the petitioners belongs to respectable families and they have not participated in the said offence. 4. Heard the learned counsel for the petitioners and the learned Addl.Public Prosecutor representing the State. This Court perused the oral and documentary evidence placed on record. 5. It is evident from the record that except the police officers none of the witnesses have stated that the petitioners have participated in the offence. Considering the facts and circumstances and after lapse of time, the conviction and sentence are liable to be set aside. The petitioners are entitled for refund of the fine amount. 6. In the result, the Criminal Revision is allowed. ______________________ JUSTICE RAJA ELANGO. 01-10-2010 I s L THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No. 927 OF 2005 Circulation Entry No. 4 1 Date: 01-10-2010 Computer No. 43 Court Master: I s L