HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No. 753 OF 2004 DATED 22ND JUNE, 2010 BETWEEN Shaik Bude …..Petitioner/Accused No.2 and The State of AP, Rep. By its Public Prosecutor and anr …Respondents HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No. 753 OF 2004 ORDER: This Criminal Revision Case under Sections 397 and 401 of the Cr.P.C. is ﬁled aggrieved by the judgment dated 4.3.2004 passed in Criminal Appeal No. 102 of 2001 by the learned VI Additional Sessions Judge, Fast Track Court, Guntur, conﬁrming the conviction and sentence imposed against the petitioner/accused No.2 in the order dated 22.1.2001 in C.C.No. 1344 of 2000 by the learned Additional Munsif Magistrate, Sattenapalli, Guntur District. Brief facts of the prosecution case are that: Vasa Brahmaiah (P.W.1) was working under Konatam Prasad (P.W.3) and selling Biryani. On 25.7.2000 at about 10..00 P.M. both the accused went to the cart of P.W.3 and asked for two plates of Biryani and when money was demanded by P.W.1, the accused beat him with hands and P.W.3 intervened and sent the accused from the scene of occurrence and in the night when P.W.1 was sleeping on the cart in the early hours of 26.7.2000 at about 3.00 a.m. the accused came with a cutting player and held P.W.1 and pulled out 4 teeth forcibly and went away. Thereafter, with the help of P.W.2, P.W.1 gave complaint to the police, which was registered as Crime No. 153/2000 under Section 325 IPC and the same was investigated into. The trial Court on appreciation of the oral and documentary evidence, found the accused guilty of the oﬀence punishable under Section 325 IPC and accordingly convicted and sentenced them to undergo R.I. for three years and to pay a ﬁne of Rs.500/- each, in default to suﬀer S.I. for one month each. On appeal being preferred by Accused No.2, the lower appellate Court, after appreciation of the oral and documentary evidence, conﬁrmed the conviction and sentence imposed by the trial Court. Hence this revision. Heard the learned Counsel for the petitioner and the learned Public prosecutor for State. The powers of the High Court in exercising its jurisdiction under Section 397 and 401 of Cr.P.C. are truncated. Unless the ﬁnding recorded by the Courts below is shown to be perverse or incorrect or illegal or not based on any evidence on record, the judgment under challenge needs interference. On a perusal of the oral and documentary evidence available on record, and after hearing both sides, this Court too ﬁnds no perversity or illegality in the conviction recorded by the Courts below against the accused. Hence, this Court is not inclined to interfere with the conviction recorded by the Courts below and accordingly confirmed the same. However, the learned Counsel for the petitioner submitted that after lapse of twelve years of time, if the petitioner is remanded to judicial custody, the same may prejudice him, that the petitioner has already suﬀered a stigma of conviction in the society and that the petitioner is now aged about 40 years and he has to look after his family members and school going children. Therefore prayed that this Court may consider to show some lenience on the petitioner insofar as imposition of sentence by the Courts below is concerned. Having regard to the facts and circumstances of the case and the submission made by the learned Counsel for the petitioner and as there is no serious objection from the side of the learned Public Prosecutor, this Court thought it ﬁt to show some lenience on the petitioner. In that view of the matter, the conviction recorded by the courts below against the petitioner is conﬁrmed, however, the sentence of imprisonment recorded by the Courts below is modiﬁed and reduced to that of six months. The petitioner is directed to surrender before the concerned Court within one month from the date of copy of this order is made ready. Subject to the above modiﬁcation in sentence, the Criminal Revision Case is disposed of. ----------------------------------- JUSTICE RAJA ELANGO DATED.22nd June, 2010. Msnr.