THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL APPEAL No.1109 OF 2004 DATED 8th DECEMBER, 2010. BETWEEN : K.Narayana Murthy ..Appellant-accused and The State of A.P. ..Respondent THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL APPEAL No.1109 OF 2004 JUDGMENT: This is an appeal arising out of conviction and sentence imposed on the appellant in Sessions Case No.357 of 2002 by the learned Sessions Judge, East Godavari at Rajahmundry, by judgment dated 21.05.2004 wherein he convicted the accused under Section 235 (2) Cr.P.C. and sentenced him to undergo rigorous imprisonment for one year for the offence punishable under Section 323 of Indian Penal Code. The allegations levelled against the appellant are that on 02.10.2002 at 7.00 a.m. when the deceased went to draw water from the well situated in the site of Kaligithi Suryanarayana, the wife of the accused objected and there was an exchange of words between them and then the accused came out of his house and pushed him down and when he fell down, he kicked on his abdomen and all over the body and on account of the internal injury to the abdomen, the deceased died. Hence, the case. A charge under Section 302 IPC was framed, read over and explained to Accused in Telugu, to which, he denied and claimed for trial. In order to prove its case Prosecution got examined PWs 1 to 13 and marked Exs.P.1 to P.23. When examined under Section 313 Cr.P.C. accused denied the incriminating circumstances read over to him and he did not choose to adduce any oral or documentary evidence on his behalf. After evaluating the entire evidence on record, the learned Sessions Judge convicted the accused as stated above. Heard. After arguing for sometime, the learned counsel for the appellant confined his arguments only to the extent of imposition of sentence and prayed this Court to show some indulgence on the appellant. In view of the said submission of the learned counsel for the appellant, the merits and demerits of the prosecution case and impugned judgment need not be adjudicated now. Taking into consideration the submissions of the learned counsel for the appellant and the long pendency of the case, this Court is of the view that some lenience can be shown towards the appellant. Accordingly, the conviction imposed by the Sessions Judge is hereby confirmed. However, the sentence of imprisonment imposed on the appellant is hereby reduced to that of the period already undergone by him in prison. The remaining portion of the impugned judgment including fine amount imposed shall stand unchanged. With above modification, the Criminal Appeal is disposed of. ________________________ JUSTICE RAJA ELANGO Dated : 08.12.2010 sur