THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.1700 OF 2003 ORDER: The petitioner and two others were tried by the learned X Metropolitan Magistrate, Secunderabad in C.C.No.1469 of 1998 for the offence punishable under section 394 of IPC. However, the trial court, after full fledged trial, acquitted the petitioner and others for the offence punishable under section 394 of IPC, but, however, found the petitioner herein guilty for the offence punishable under section 392 of IPC and accordingly convicted and sentenced him to undergo rigorous imprisonment for a period of two years and also to pay a fine of Rs.5,000/- in default, to suffer simple imprisonment for a period of three months. The said judgment dated 28.04.2001 was questioned by way of filing Criminal Appeal No.190 of 2001 and the learned II Metropolitan Sessions Judge, Hyderabad by his judgment dated 30.10.2003 while confirming the said findings given by the trial court dismissed the said appeal. Hence the petitioner approached this court and filed the present revision. Brief facts are that P.W.1 is resident of Plot No.36, P & T Colony, Gandhi Nagar, Secunderabad. On 04.07.1998 at 11.15 a.m. when P.W.2 i.e. the wife of P.W.1 alone was in the house some body tapped the door. When P.W.2 opened the door, two persons entered the house holding ropes and knives. They tied P.W.2 to a sofa chair in the bed room and threatened her with knives. One person aged about 25 years who is black and tall was standing on her side and he inflicted injury on her left palm and left chest with the knife and they also gagged her mouth. Thereafter they opened the almirah and took gold items, cash of Rs.30,000/- and share certificates and left the house with the booty. At abut 12.15 p.m. P.W.1 returned home and having found the main door bolted, went into the house through the rear door which was found opened. Then P.W.2 informed him what had happened. P.W.1 went to Gandhi Nagar P.S. and lodged Ex.P.1 report, which was registered as a case in Cr.No.214 of 1998 under section 394 of IPC and investigated into. During the course of investigation on 28.07.1998 P.W.6 apprehended the petitioner and another at 12.00 Noon at Chitra Durga R.P. Road, Secunderabad. On interrogation the petitioner confessed to show the part of the articles stolen from the house of P.W.1, which were kept in the house of his brother in law and he had also shown some other properties involved in some other crimes and all those articles were seized under the cover of panchanama reports drafted by panchas. After completion of investigation the charge sheet was filed. Heard. The learned counsel for the petitioner fairly conceded that this is not a fit case for interference, but requested this court to take a lenient view in so far as the sentence imposed on the petitioner is concerned. According to the learned counsel for the petitioner the petitioner in all had undergone a sentence of 5 months and 25 days both as an under trial prisoner and after dismissal of the appeal by the appellate court. But there is no material to establish the said fact. However, as it is the submission of the learned counsel for the petitioner that the petitioner had already undergone a substantive sentence of 5 months and 25 days, though the same could not be demonstrated, this court is of the view that the said sentence of two years imposed by the courts below can be reduced to six months. If the petitioner had really undergone a sentence of 5 months and 25 days he shall be set at liberty forthwith. Excepting the above modification this revision in all other aspects is dismissed. -------------- 30.09.2010 Kvsn