THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE NO.1884 OF 2003 ORDER: 1 The Additional Judicial Magistrate of I Class, Ramachandrapuram tried the petitioner herein in C.C.No.126 of 1998 for the offence punishable under Section 326 of IPC. Having considered the evidence adduced by the prosecution, both oral and documentary, the learned Magistrate came to the conclusion that the petitioner is guilty of the said offence and accordingly convicted and sentenced him to suffer rigorous imprisonment for three years and also to pay a fine of Rs.5,000/- in default to suffer simple imprisonment for six months. As against the said judgment dated 01.10.2001, the petitioner preferred Criminal Appeal No.344 of 2001 and the learned II Additional Sessions Judge, East Godavari at Rajahmundry by judgment dated 06.10.2003 while confirming the said conviction, however, reduced the said sentence of imprisonment from three years to two years. The same is questioned in this revision. 2 Brief facts are that ten days prior to 05.03.1998 a brawn bag was stolen from the makam shed of one Marla Kondala Rao situated in the fields at Juvvipadu, hamlet of Oduru village. P.W.1 Nunna Satyanarayana informed to his landlord that the petitioner might have committed theft of the said brawn bag due to which the petitioner bore grudge against P.W.1 and was waiting for chance to determine his vengeance. While so on 05.03.1998 at about 9.00 AM when P.W.1 went to the fields of Kondala Rao where he remained for about 10 minutes and thereafter when he started proceeding on his cycle the petitioner, armed with a knife, came to P.W.1 and gave a blow with that knife over his right thigh and another blow at the middle of forehead of P.W.1 due to which P.W.1 suffered bleeding injuries. In that connection a case in Cr.No.26 of 1998 under section 326 of IPC was registered and investigated into and after completion of entire investigation the charge sheet was filed. 3 Heard. 4 When the matter is taken up for hearing the learned counsel for the petitioner stated that the petitioner has undergone a total sentence of three months and requested the court to take a lenient view. The said statement appears to be correct. The appeal was dismissed on 06.10.2003 and immediately the petitioner was taken into custody. Thereafter in this revision the petitioner was granted bail by this court on 19.12.2003. From the above it is clear that the petitioner was in jail for a period of more than 2 ½ months. As an under trial prisoner, according to the learned counsel for the petitioner, the petitioner was in jail for about 15 days. Therefore it is clear that the petitioner has undergone a sentence of three months. Further, the alleged offence took place in the year 1998. 5 In that view of the matter, this court is of the view that a lenient view may be taken and the said sentence of imprisonment of two years as was imposed by the appellate court may be reduced to that of the period the petitioner has already undergone. 6 Accordingly the said sentence of imprisonment of two years imposed by the learned II Additional Sessions Judge, East Godavari at Rajahmundry is reduced to that of the period, which the petitioner has already undergone. Excepting the above modification, in all other aspects, this revision is dismissed. -------------- 09.03.2010 kvsn