IN THE HIGH COURT OF JUDICATURE ANDHRA PRADESH AT HYDERABAD FRIDAY THE TWELVETH DAY OF NOVEMBER TWO THOUSAND AND TEN PRESENT: THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE Nos. 204 & 212 OF 2005 Between: Crl.RC.No. 204 of 2005 Pentakota Srinivasa Rao (A-1) … Petitioner V/s. State of Andhra Pradesh, Represented by its Public Prosecutor, High Court of A.P. Hyderabad … Respondent Between: Crl.RC.No. 212 of 2005 Eluduti Srinivasa Rao @ Mukkadu (A2) … Petitioner V/s. State of Andhra Pradesh, Represented by its Public Prosecutor, High Court of A.P. Hyderabad. … Respondent Counsel for the Petitioner In Crl.RC.No. 204 of 2005 : Sri N. Siva Reddy Counsel for the Petitioner In Crl.RC.No.212 of 2005 : Sri C. Praveen kumar Counsel for the Respondent : Addl. Public Prosecutor The court made the following : common order …. Follows 2nd page THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION Nos. 204 & 212 OF 2005 COMMON ORDER : These Criminal Revisions are directed against the conviction and sentence passed by the IV-Additional Sessions Judge, East Godavari, in Criminal Appeal Nos. 122 of 2004 and Criminal Appeal No.123 of 2004 dated 04-2-2005, modifying the conviction and sentence imposed under section 307 read with 34 IPC by the trial Judge is set aside and A-1 to A-3 were found guilty for the offence under section 326 r/w 34 IPC and they were sentenced to undergo Rigorous Imprisonment for two years each and the fine imposed by the trial Judge remained unaltered. 2. The petitioners were tried for the offence punishable under section 307 read with 34 IPC. On appreciation of oral and documentary evidence placed on record, the learned II-Additional Asst.Sessions Judge, Kakinada, found the petitioners guilty for the offence punishable under section 307 read with section 34 IPC and sentenced the petitioners to undergo Rigorous Imprisonment for a period of five years each for the offence under section 307 and 307 r/w 34 IPC respectively and to pay a fine of Rs.5000/- each, in default to suffer Simple Imprisonment for three months each. On appeal, the learned IV-Additional Sessions Judge on re- appreciation of the oral and documentary evidence placed on record modified the conviction and sentence imposed under section 307 read with 34 IPC by the trial Judge is set aside and A-1 to A-3 were found guilty for the offence under section 326 r/w 34 IPC and they were sentenced to undergo Rigorous Imprisonment for two years each and the fine imposed by the trial Judge remained unaltered. Challenging the same, the present Criminal Revisions are filed. 3. At the hearing, the learned counsel for the petitioners confines his argument with regard to the quantum of sentence and prayed mercy of this court. 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. Considering the facts and circumstances, I do not see any reason to interfere with the conviction and sentence recorded by the learned IV-Additional Sessions Judge and the same are confirmed, but however, the sentences of imprisonment inflicted are modified to that of the period already undergone by the petitioners. However, the fine amount paid by the petitioners shall remain unaltered. 6. With the above modification in the sentence, the Criminal Revisions are accordingly dismissed. ________________________ JUSTICE RAJA ELANGO. 12-11-2010 I s L THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE Nos. 204 & 212 OF 2005 COMMON ORDER Circulation Entry No. 18 AND 19 Date: 12-11-2010 Computer No. 43 Court Master: I s L