THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.779 OF 2005 DATED 22nd OCTOBER, 2010. BETWEEN : K.Narsimha Rao @ Babulu ..Petitioner-Accused and The State of A.P. & another ..Respondents THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.779 OF 2005 ORDER: This Criminal Revision Case under Sections 397 and 401 of the Code of Criminal Procedure (for short ‘Cr.P.C.’) is filed by the petitioner-Accused against the judgment, dated 06.05.2005, rendered in Criminal Appeal No.306 of 2002 by the VIII Additional District & Sessions Judge (FTC), East Godavari at Amalapuram, confirming the conviction and sentence passed by the learned Additional Judicial First Class Magistrate, Razole, in C.C.No.170 of 2001 on 22.11.2002 wherein the learned Magistrate convicted the accused under Section 248 (2) Cr.P.C. for the offence punishable under Section 420 of Indian Penal Code and sentenced him to suffer rigorous imprisonment for one year and to pay a fine of Rs.5000/- for the said offence. Heard. After arguing for sometime, the learned counsel for the petitioner by not pressing the main prayer confined his arguments to the extent of imposition of sentence. He submitted that the petitioner has suffered imprisonment for fifty days. Now, the petitioner is aged about 60 years and the main accused, who is the son of the petitioner, has already committed suicide and the petitioner only has to look after the welfare of his family members. In view of the said submission, this Court is of the view that merits of the Prosecution case and impugned judgment need not be adjudicated. Admittedly, the occurrence took place in the year 2000 and since then petitioner is suffering humiliation and stigma in the Society. In these circumstances and also in view of the submissions of the learned counsel for the petitioner, this Court is inclined to show some leniency against the petitioner. Therefore, the conviction passed by the trial Court as confirmed by the Appellate Court is hereby confirmed. However, considering the circumstances of the case, the sentence of imprisonment imposed on the petitioner is hereby modified to that of the period already undergone by him. The remaining portion of the impugned judgment, including fine amount imposed by the trial Court, shall stand unchanged. With above modification, the Criminal Revision Case is disposed of. ________________________ JUSTICE RAJA ELANGO Dated : 22.10.2010 sur