HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADA Criminal Revision Case No.738 of 2003 ORDER: On the basis of the report given by the petitioner, the Sub- Inspector of Police, Pedavegi Police Station, registered Crime No.56 of 1998 for the offences punishable under Sections 147, 148, 325, 324, 307 read with Section 149 IPC. After investigation, the police filed charge sheet before the II Additional Judicial Magistrate of First Class, Eluru, and after committal, the same was numbered as S.C.No.182 of 2000. The brief facts of the case are that P.W.2 is having Ac.5-00 of land living in Rattavaram, outskirts of Vegivada, by raising a house in his land and living therein. Kamma Pothuraju is having land on either side of the land belong to P.W.2. A-1 purchased the land from Kamma Pothuraju under a binami transaction and subsequently the land was sold out to one Alapati Srivalli and Chilkuri Venkateswara Rao. The said Venkateswara Rao kept some amount of the sale proceeds and demanding A-1 to arrange way to him through the field of P.W.2, for which he refused to do so and thereby ill-feelings exist in between their families. While so, in pursuance of their common object, on 09/06/1998 at about 4 PM, all the accused armed with iron rods, sticks and made rampageous attack over P.Ws.1 to 4, who were at the house of P.W.1 in Rattavaram village. All the accused beat P.Ws.1 to 4 indiscriminately with iron rods and sticks and attempted to kill them. P.Ws.1 to 4 sustained severe injuries and they were admitted into the Government Hospital by P.W.11, Suryanarayana. On the strength of the hospital intimation, P.W.12, the Head Constable visited the hospital and recorded the statements of P.W.1 and transmitted the same to Pedavegi Police Station. Thereafter, P.W.13, the then S.I. of Police, Pedavegi Police Station, registered the case under Sections 147, 148, 325, 324, 307 IPC read with Section 149 IPC and investigated into. The Doctor, who treated the injured, issued wound certificate. During the investigation, P.W.13 visited the scene of occurrence, recorded the statements of the witnesses and seized the iron rods and sticks under the cover of mediatornama in the presence of mediators P.W.10 and P.W.11. After receiving the wound certificates from P.W.15 the accused were charge sheeted. During the Course of trial, the petitioner was examined as P.W.1, and 14 more witnesses were examined. Exs.P-1 to P-9 were marked on behalf of the prosecution. The learned Assistant Sessions Judge, Eluru, while holding that the petitioners are guilty of the said offence, but however, taking a lenient view A-1 to A-7 are convicted and sentenced to pay a fine of Rs.1,000/- each for the offence punishable under Section 148 IPC, in default to suffer three months simple imprisonment and A-1, A-3, A-6 and A-7 also sentenced to pay a fine of Rs,2,000/- each for the offence punishable under Section 324 IPC, in default to suffer six months simple imprisonment. The State has not chosen to file any appeal for enhancement of the said sentence. Hence, the de facto- complainant approached this Court by filing this revision case stating that the said sentence is inadequate. Heard. Apparently, it is for the trial Court, after analysis of the evidence, to come to the conclusion as to what is the sentence that has to be imposed. Further, it should be remembered that it is the revision for enhancement of sentence which cannot be done by this Court under Sections 397 and 401 Cr.P.C. where this Court’s power is very much restricted and even if this Court comes to the conclusion that the respondents are guilty of the offences, the only relief that would be granted by this Court is to remand the matter to trial Court for fresh disposal in accordance with law and cannot impose any sentence. Further, the alleged offence is of the year 1999 and the learned Sessions Judge had exercised his discretion. Hence, this Court is of the view that this revision case merits no consideration. Accordingly, this Criminal Revision Case stands dismissed. _________________________ GOPALA KRISHNA TAMADA, J 29th July, 2010 SKM