HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL REVISION CASE Nos.91 and 375 of 2005 COMMON ORDER: The accused Nos.1, 2, 4 and 16 are the revision petitioners in Criminal Revision Case No.91 of 2005. The accused No.15 is the revision petitioner in Criminal Revision Case No.375 of 2005. In C.C.No.128 of 1997, the Judicial Magistrate of the First Class, Kota, convicted A-1 for offences under Sections 148, 324, 427 and 452 IPC; and convicted A-2, A-4, A-15 and A-16 for offences under Sections 148, 427 and 452 IPC; and imposed various sentences of imprisonment and fine as indicated in its judgment dated 04.06.2001. The appellate Court i.e., the II-Additional Sessions Judge, Nellore, in Criminal Appeal Nos.101 and 113 of 2001, set aside conviction of the appellants for offence under Section 148 IPC, but confirmed conviction of the revision petitioners herein for offences under Sections 427 and 452 IPC and also confirmed conviction of A-1 for offence under Section 324 IPC. The appellate Court modified sentences passed by the trial Court. Ultimately, as the matter now stands, A-1 was sentenced to Rigorous Imprisonment for two years and fine of Rs.500/- for offence under Section 324 IPC; A-1, A-2, A-4, A-15 and A-16 were sentenced to pay fine of Rs.3,000/- each for offence under Section 427 IPC and fine of Rs.5,000/- each for offence under Section 452 IPC. As many as 21 accused faced trial before the Magistrate for several charges. All of them are residents of Mettu village. There were two political rival groups in the village between the accused party and the prosecution party. The offence took place on 25.11.1996 at about 9.30 a.m. It is alleged that one Mudi Parandami Reddy was murdered and that the accused group suspected the prosecution group as responsible for the said murder and that therefore, the accused group attacked P.W.1 and destroyed houses of P.Ws.1 to 8, 10 and 11 with deadly weapons. In the incident, P.Ws.1 and 2 sustained injuries and several material in houses of the prosecution party were broken and destroyed. The events were spoken to by P.Ws.1 to 7, 10 and 11, who are the injured as well as eyewitnesses to the occurrence. All of them are victims in one way or the other. The police observed damage caused in their houses, in the presence of mediators including P.W.8, under cover of Exs.P4 to P10-observations reports. The trial Court as well as the appellate Court meticulously scanned through oral evidence of the injured and eyewitnesses and after filtration found A-1 alone as guilty of offence under Section 324 IPC for causing incised injury to P.W.1’s hand with an axe. Insofar as other accused are concerned, their presence and participation in the incident was spoken to by the eyewitnesses. In my considered opinion, finding of guilt arrived at by the appellate Court finally against the petitioners for offences under Sections 324, 452 and 427 IPC is not open for questioning in these revision cases, as the said findings are arrived at on facts after validly assessing oral evidence on record. It is contended by the petitioners’ counsel that insofar as A- 1 is concerned, the appellate Court should not have confirmed sentence of imprisonment of two years and it is harsh as well as on higher side. The petitioners’ counsel pleaded for enhancement of fine for A-1, insofar as offence under Section 324 IPC is concerned. The offence took place in the year 1996. A-1 suffered imprisonment from 18.11.2004 when judgment was rendered by the appellate Court, till 20.01.2005 when this Court granted suspension of sentence of imprisonment. Thus, A-1 had undergone sentence of imprisonment for more than two months as on today. In the circumstances, I propose to limit sentence of imprisonment of A-1 for offence under Section 324 IPC to the period which he had already undergone. In the result, both the Criminal Revision Cases are dismissed; but sentence of imprisonment of A-1 for offence under Section 324 IPC is altered from two years to the period which he had already undergone. __________________________________ SAMUDRALA GOVINDARAJULU,J 26.03.2010 v v