THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.440 of 2005 ORDER: This Criminal Revision Case under Sections 397 and 401 of the Code of Criminal Procedure is filed by the petitioners-appellants against the judgment, dated 31.01.2005, rendered in Criminal Appeal No.138 of 1999 by the I Additional Sessions Judge, Mahabubnagar, confirming the judgment of conviction and sentence passed in C.C.No.175 of 1997 by the Judicial Magistrate of First Class, Wanaparthy, whereby and where under the petitioners were convicted under section 248(2) of the Code of Criminal Procedure and sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs.500/- each, in default, to suffer simple imprisonment for two months for the offence punishable under section 498-A read with Section 109 of Indian Penal Code. Heard. After arguing for sometime, learned counsel for the petitioners by not pressing the main prayer confined his arguments to the extent of imposition of sentence and requested the Court to show some indulgence on the petitioners. This is a case where both the courts below gave concurrent findings and convicted the petitioners. Hence, this Court is not inclined to interfere with the conviction imposed on the petitioners. In any event, taking into consideration the fact that the matter is pending from the year 1997 and also it is represented by the counsel for the petitioners that the first petitioner is married and living with two children and the de facto complainant also married and living with her husband with three children, taking into consideration the lapse of time, this court is of the view that there is no need to send them to prison. In these circumstances, this Court is inclined to show some lenience against the petitioners in imposition of sentence. Accordingly, the conviction imposed by the trial Court as confirmed by the Appellate Court is hereby confirmed. However, the sentence of imprisonment is hereby reduced to that of the period already undergone by the petitioners in prison. Further, the petitioners are directed to pay a fine of Rs.1,000/- each apart from the fine already paid by them within a period of eight weeks from today, in default, to undergo simple imprisonment for a period of one month. With the above directions, the Criminal Revision Case is disposed of. ___________________ JUSTICE RAJA ELANGO Date:21.01.2011 Rns