THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.707 of 2011 JUDGMENT: This Criminal Revision Case is directed against the judgment, dated 17.09.2010, made by the Sessions Judge (VII Additional Sessions Judge, Family Court), West Godavari Division, Eluru in Crl.A.No.104 of 2010, confirming the judgment, dated 8.2.2010 passed in C.C.No.207 of 2008 by the Judicial Magistrate of First Class, Chintalapudi, West Godavari District. The case of the prosecution in brief is as follows: On the intervening night of 9/10.3.2007 some unknown offenders had broken the transformer situated in the fields of L.W.2-M. Sambasiva Rao and committed theft of wire worth Rs.5,000/- from it. In that connection, a case in Cr.No.29 of 2007 was registered and investigated into. On the intervening night of 15/16.7.2007, some unknown offenders had broken the transformer situated in the fields of Dharmajigudem belonged to L.W.4-V. Krishna Veni and committed theft of copper wire worth of Rs.4,000/-. In that connection, a case in Cr.No.60 of 2007 was registered and investigated into. Prior to 17.7.2007, at night time at K.V.A. Agriculture fields situated at Dharmajigudem village belongs to L.W.5-Bonthu Prasada; prior to 17.7.2007 at night time at 40 KVA agriculture transformer situated at Kalarayanigudem village fields belongs to L.W.6-Mekala Mallikhajuna Rao; prior to 17.7.2007 at night time at 16 KVA agriculture transformer situated at Ganapavarigudem village fields belongs to L.W.7-Kakarla Satynarayana; prior to 19.7.2007 at night time, at 40 KVA two agriculture transformers situated at Pragathipuram colony village fields h/o Ayyaparajugudem belongs to L.W.8-Danam Venkateswara Rao and L.W.9-Mutineni Sri Rama Murty; prior to 18.7.2007 at night time at 40 KVA 2 agriculture transformers situated at Pragathipuram colony fields H/o Ayyaparajugudem village fields belongs to L.W.10-Uppe Santhayya and L.W.1-Mettapalli Pullaiah; prior to 18.8.2007 at night time at 40 KVA agriculture transformer situated at Dharmajigudem village fields belongs to L.W.12-Nimmagadda Janaki Ramaiah and L.W.13-Manepalli Damodara Rao; prior to 20.7.2007 at night time at 25 KVA agriculture transformer situated at K. Gokavaram village fields belongs to L.W.14-Mandadapu Ratna Manikyam; prior to 18.8.2007 at night time 40 KVA agriculture transformer situated at Ganapavarigudem village fields belongs to L.W.17-Kuchipudi Veera Venkata Satya Vara Prasad; prior to 18.8.2007 at night time at 100 KVA agriculture transformer situated at K. Gokavaram village fields belongs to L.W.18-Mogalla Nageswara Rao and L.W.19-Bala Satyanarayana; prior to 18.8.2007 at night time at 40 KVA agriculture transformer situated at Ganapavarigudem village fields belongs to L.W.20-Kakarla Sitharamaiah and his son L.W.21-Kakarla Siva Rao; prior to 8.9.2007 at night time 40 KVA agriculture transformer situated at Mattamgudem village fields belongs to L.W.22-Ghanta Srinivasa Rao and L.W.23-Chandra Ranga Rao; Prior to 13.9.2007 at night time at 40 KVA agriculture transformer situated at Mattamgudem village fields belongs to L.W.24-Mandalapu Vara Prasad alias Babu; prior to 22.8.2007 at night time at 25 KVA agriculture transformer situated at Kalarayanagudem village fields belong to L.W.25-Gaddey Atchaiah; prior to 11.10.2007 at night time 40 KVA agriculture transformer situated at Kalarayanagudem village fields belongs to L.W.2- Musunuru Sambasiva Rao; prior to 20.8.2007 at night time 25 KVA agriculture transformer situated at Kothapalli village fields belongs to L.W.26-Mandapati Dharmaiah; prior to 20.8.2007 at night time at 25 KVA agriculture transformer situated at Kothapalli village fields belongs to L.W.27-Mandapati Papa Rao; prior to 27.11.2007 at night time at 40 KVA agriculture transformer situated at Ganapavarigudem village fields belongs to L.W.7-Kakarla Satyanarayana; prior to 27.11.2007 at night time at 40 KVA agriculture transformer situated at Dharmajigudem village fields belongs to L.W.29-Morampudi Satyanarayana; prior to 18.11.2007 at night time at 40 KVA agriculture transformer situated at Dharmajigudem village fields belongs to L.W.30-Morampudi Someswara Rao; prior to 13.4.2008 at night time at 16 KVA agricultural transformer situated at K. Gokavaram village fields belongs to L.W.32 Undavalli Satyanarayana; prior to 18.6.2008 at night time at 16 KVA agriculture transformer situated at Kalyanampadu village fields h/o Lingapalem village belongs to L.W.34-Asileti Alexonder; prior to 5.7.2008 at night time at 40 KVA agriculture transformer situated at K. Gokavaram village fields belongs to L.W.14- Smt. Mandadapu Ratna Manikyam; prior to 11.6.2008 at night time at 25 KVA agriculture transformer situated at Puppalavarigudem village fields belongs to L.W.35-Changani Venkata Ratnam, some unknown offenders committed theft of copper wire in the above fields by breaking open the transformers and in that connection Cr.Nos.62, 63, 72, 73, 74, 77, 83, 84, 85, 86, 87, 89, 96, 98, 99, 110, 114, 116 of 2007 and 63, 76, 78 and 82 of 2008 were registered and investigated into. After completion of the investigation, charge sheet was filed for the offence under Section 379 or 411 IPC against the petitioner and others and the same was taken cognizance and numbered as C.C.No.207 of 2008. On appreciation of both oral and documentary evidence, the trial Court found the petitioner-accused No.2 guilty of the said offence and accordingly, sentenced him to undergo R.I. for one year and six months. The said judgment was questioned by way of filing an appeal in Crl.A.No.104 of 2010. But the said appeal was dismissed. The same is questioned in this revision. Heard and perused the material available on record. Learned Counsel for the petitioner-accused No.2 fairly conceded that this is not a fit case for interference, but, however, requested this Court to take a lenient view having regard to the fact that the petitioner has been in jail for more than nine months. In the facts and circumstances and in view of the nature of the offence committed by the petitioner-accused, I feel that the judgment impugned herein does not warrant any interference. But however, the material on record goes to show that the petitioner was in jail from 1.8.2008 to 19.9.2008, and again on the date of pronouncement of judgment impugned viz., 17.09.2010, the petitioner was taken into custody and since then, he has been in jail, and as of now, he has undergone imprisonment for a period of more than nine months. In these circumstances, this Court is of the view that a lenient view can be taken insofar as the sentence of imprisonment is concerned. Accordingly, the sentence of R.I. for a period of one year and six months is reduced to the period already undergone. In the result, the sentence of rigorous imprisonment for a period of one year and six months for the offence punishable under section 411 IPC imposed against the petitioner herein viz., Talluri Rambabu alias Tambi by the learned Sessions Judge, West Godavari, Eluru in Criminal Appeal No.104 of 2010, by judgment dated 17.9.2010, is reduced to that of the period, which the petitioner has already undergone. The petitioner is directed to be set at liberty forthwith, if not required in any other crime. With the above modification, the Criminal Revision Case is dismissed. ________________________ GOPALA KRISHNA TAMADA, J 1st March, 2011 Nn THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.707 of 2011 1.3.2011