THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL APPEAL No.770 OF 2010 DATED 21st DECEMBER, 2010. BETWEEN : Ganta Krishna Murthy .. Appellant and The State of A.P. ..Respondent THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL APPEAL No.770 OF 2010 JUDGMENT: Appellant filed Crl.A.M.P.No.1190 of 2010 seeking interim suspension of sentence imposed by the Sessions Judge. While the same was taken up for hearing, the learned counsel without pressing the said petition, argued the main appeal itself. The present appeal is filed by the appellant-A.1 challenging the judgment of conviction and sentence passed by the learned III Additional Sessions Judge, Kurnool at Nandyal, in Special Sessions Case No.2 of 2009 on 22.04.2010 wherein the learned Sessions Judge convicted the accused under Section 235 (2) Cr.P.C. for the offence under Section 395 of Indian Penal Code and sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs.1,000/-, in default to suffer simple imprisonment for one month. Heard. After arguing for some time, the learned counsel for the appellant confined his arguments only in connection with question of sentence and requested this Court to take a lenient view against the appellant in imposition of sentence. He further submits that the appellant has already suffered 2 ½ years of imprisonment. In view of the said submission, this Court is of the view that merits of the impugned judgment need not be adjudicated. Admittedly, the crime occurred in the year 1996 and for all these years the appellant suffered humiliation and also stigma in the society. Out of three years of conviction imposed by the trial Court, appellant had already suffered 2 ½ years imprisonment. Considering these circumstances, this Court is inclined to take a lenient view against the appellant in imposition of sentence. In the result, the conviction imposed on the appellant-A.1 by the learned III Additional Sessions Judge, Kurnool at Nandyal, in Special Sessions Case No.2 of 2009 on 22.04.2010 is hereby confirmed. However, the sentence of imprisonment is reduced from three years to thirty (30) months. The period of detention already suffered by the appellant is directed to be given set off under Section 428 of the Code of Criminal Procedure. Fine amount imposed by the Sessions Judge is not interfered with. With above modification, the Criminal Appeal is disposed of. Miscellaneous petitions filed in this appeal shall stand closed. ________________________ JUSTICE RAJA ELANGO Dated : 21.12.2010 sur