THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.638 OF 2005 DATED 23rd DECEMBER, 2010. BETWEEN : Gonti Koteswara Rao .. Petitioner-accused and The State of A.P. ..Respondent THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.638 OF 2005 ORDER: This is a revision arising out of sentence and conviction imposed on the petitioner-accused in Criminal Appeal No.212 of 2002 on 07.04.2005 by the learned II Additional District and Sessions Judge (Fast Track Court), Srikakulam. Initially, the accused was prosecuted in C.C.No.44 of 2000 by the learned Judicial Magistrate of First Class, Amadalavalasa, wherein he was convicted under Section 248 (2) Cr.P.C. for the offence under Section 34 (a) (i) of A.P. Excise Act and sentenced to undergo rigorous imprisonment for six months and to pay fine of Rs.5,000/-, in default to suffer simple imprisonment for one month. Challenging the same, petitioner preferred an appeal. The learned Sessions Judge dismissed the appeal confirming the conviction and sentence imposed by the trial Court. Aggrieved over the same, petitioner filed the present revision. Heard. Learned counsel for the petitioner submits that in view of the orders passed in G.O.Ms.No.496 Revenue (Excise III), 25th July, 2000, at present the offence under which the petitioner was convicted is compoundable in nature and the same is also given retrospective effect. He further relied on the judgment of this Court wherein the conviction is set aside and the appellants are directed to compound the offence by way of filing an application. He further submitted that the petitioner suffered imprisonment for a considerable period. Considering the submission of the learned counsel for the petitioner, this Court is of the view that some lenience can be shown towards the petitioner in imposition of sentence. Accordingly, the conviction imposed by the trial Court and as confirmed by the Appellate Court is confirmed. However, the sentence of imprisonment is reduced to that of the period already undergone by him in prison. Accordingly, the Criminal Revision Case is disposed of. ________________________ JUSTICE RAJA ELANGO Dated : 23.12.2010 sur