THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.685 OF 2005 DATED 22nd OCTOBER, 2010. BETWEEN : Donga Narasimha Rao ..Petitioner-Accused and The State of A.P. ..Respondent THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.685 OF 2005 ORDER: This Criminal Revision Case under Sections 397 and 401 of the Code of Criminal Procedure is filed by the petitioner- accused against the judgment, dated 08.04.2005 rendered in Criminal Appeal No.97 of 2001 by the VI Additional District & Sessions Judge (FTC), Narsapur. Initially, petitioner-A.1 and five other accused were prosecuted in C.C.No.86 of 1998 by the Additional Judicial First Class Magistrate, Narsapur, for the offence punishable under Sections 498A, 447, 324 and 323 IPC, wherein after due trial, the learned Magistrate acquitted A.2 to A.5 under Section 248 (1) Cr.P.C. for the offence punishable under Sections 498A and 324 IPC, however convicted them under Section 248 (2) Cr.P.C. for the offence punishable under Sections 447 and 323 IPC and sentenced them to pay Rs.500/- and Rs.1000/- each for the respective offences. The learned Magistrate, further, acquitted the petitioner-A.1 under Section 248 (1) Cr.P.C. for the offence punishable under Sections 447 and 323 IPC, but convicted him under Section 248 (2) Cr.P.C. for the offence punishable under Sections 498A and 324 IPC and sentenced him to undergo simple imprisonment for one year and to pay a fine of Rs.2,000/- for the offence punishable under Section 498A IPC and also to suffer one year simple imprisonment for the offence punishable under Section 324 IPC. Challenging the said conviction and sentence, petitioner- A.1 preferred Crl.A.No.97 of 2001 before the learned VI Additional District & Sessions Judge (FTC), Narsapur, wherein the learned Sessions Judge confirmed the conviction and sentence passed by the trial Court for the offence punishable under Section 498A IPC, however, set aside the conviction and sentence imposed by the trial Court for the offence punishable under Section 324 IPC and convicted the petitioner for the offence punishable under Section 323 IPC and sentenced him to pay a fine of Rs.1000/-. Aggrieved by the same, the present Criminal Petition is filed. 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 and requested the Court to show some indulgence on the petitioner. 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 is of the year 1997 and for all these years the petitioner suffered humiliation and also stigma in the society. It is represented that the petitioner is the sole breadwinner of his family and has to look after the welfare his family members. In these circumstances, this Court is inclined to show some lenience against the petitioner. Accordingly, the conviction imposed by the trial Court as modified 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 the fine amount imposed by the Appellate Court shall stand unchanged. With above modification, the Criminal Revision Case is disposed of. ________________________ JUSTICE RAJA ELANGO Dated : 22.10.2010. sur