THE HON’BLE SRI JUSTICE GOPALAKRISHNA TAMADA CRIMINAL REVISION CASE No.1825 of 2010 DATED: 08-10-2010 ORDER: This Criminal Revision Case is filed by the petitioner questioning the judgment, dated 04-10-2010, in Crl.A.No.160 of 2008 passed by the learned VIII Additional Sessions Judge (FTC), Visakhapatnam, confirming the judgment, dated 30-09-2008, in C.C.No.926 of 2006 passed by the learned III Metropolitan Magistrate, Visakhapatnam. 2. On the basis of a complaint given by the de facto complainant, the Sub-Inspector of Police, Pendurthy police station registered a case in Cr.No.36 of 2006 for the offences punishable under Sections 304-A and 338 IPC and after completion of investigation, filed charge sheet and the same was numbered as C.C.No.926 of 2006 on the file of learned III Metropolitan Magistrate, Visakhapatnam. 3. During the course of trial, P.Ws.1 to 11 were examined and Exs.P1 to P12 were marked on behalf of the prosecution. No oral or documentary evidence was adduced on behalf of the defence. 4. Having analyzed the said evidence, the learned Magistrate found the petitioner herein guilty of the offences punishable under Sections 304-A and 338 IPC and accordingly sentenced him to undergo simple imprisonment for a period of six months for the offence under Section 304-A IPC and to pay fine of Rs.1000/- for the offence punishable under Section 338 IPC. Aggrieved thereby, Crl.A.No.160 of 2008 was filed and the same was dismissed. Hence, the present revision. 5. Heard both sides. Perused the record. 6. Learned counsel for the petitioner fairly conceded that it is not a fit case for interference, however requested this Court to take a lenient view having regard to the fact that the petitioner was in jail for some period. 7. From the above, it is clear that the petitioner was in jail for some period. As the sentence imposed by the Court below is six months and as the petitioner has undergone sentence for some period, a lenient view can be taken by reducing the said sentence to that of the period already undergone by him. 8. Accordingly, the sentence of simple imprisonment of six months imposed against the petitioner–Vangala Jagan Venkata Siva Kumar, S/o Apparao by the learned III Metropolitan Magistrate, Visakhapatnam in C.C.No.926 of 2006, vide judgment, dated 30-09-2008, and as confirmed by the learned VIII Additional District & Sessions Judge (FTC), Visakhapatnam in Crl.A.No.160 of 2009, vide judgment, dated 04-10-2010, is reduced to that of the period already undergone by him. Petitioner is directed to be set at liberty forthwith if not required in any other crime. Except the above modification in all other aspects the revision is dismissed. _______________________________ GOPALA KRISHNA TAMADA,J 08th October, 2010. Tsy