THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.2138 of 2004 JUDGMENT: This Criminal Revision Case is filed by the petitioners-accused against the judgment, dated 28.12.2004, made by the VI Additional District & Sessions Judge, Tirupathi, in Crl.A.No.444 of 2003. The case of the prosecution in brief is as follows: On 21.11.1999 at about 12 noon on the instructions of the Joint Executive Officer, T.T.D., Tirumala, the officials of the TTD consisting of P.W.1-R. Appa Rao, Unit Officer, Health Department in TTD and other staff went to the shopping complex, removed the unauthorized encroachments and put all the articles in a lorry belonging to the TTD. At that time, the accused formed themselves into an unlawful assembly and committed rioting with common object and wrongfully restrained the officials and assaulted them while they were discharging their official duties. They have taken away their respective articles from the lorry. When the passers and neighbours intervened, the accused threatened them with dire consequences. After taking the articles, the accused fled away. On the report given by P.W.1, a case in Cr.No.127 of 1999 was registered. After completion of the investigation, charge sheet was filed against the accused for the offences punishable under Sections 147, 341, 353 and 506 r/w 149 IPC and the same was taken cognizance as C.C.No.714 of 2000. On appreciation of both oral and documentary evidence, the trial Court found the petitioners-accused guilty of the offences under Sections 341 & 353 IPC and accordingly, sentenced them to undergo rigorous imprisonment for a period of one month each and to pay a fine of Rs.500/- each for the offence under Section 341 IPC in default to suffer simple imprisonment for a period of 15 days each; and also sentenced them to suffer rigorous imprisonment for a period of six months each and to pay a fine of Rs.1,000/- each for the offence under Section 353 IPC in default to suffer simple imprisonment for a period of one month each. The said judgment was questioned by way of filing an appeal in Crl.A.No.444 of 2003 before the VI Additional District & Sessions Judge (FTC) Tirupathi. The learned Sessions Judge confirmed judgment of the trial Court. Questioning the said judgment, the petitioners filed the present revision. Learned Counsel for the petitioners-accused fairly conceded that this is not a fit case for interference, but he requested to take a lenient view having regard to the fact that the petitioners were in jail for a period of four days. Heard and perused the material available on record. In the facts and circumstances of the case and in view of the nature of the offence committed by the petitioners-accused, I feel that the judgment of the appellate Court does not warrant any interference. But however, having regard to the fact that the offence is of the year 1999 and the petitioners-accused have been wandering around the Courts since 1999, and in view of the fact that the petitioners were in jail for a period of four days, this Court is of the view that this is a fit case wherein a lenient view can be taken. Accordingly, the sentence imposed by the lower appellate Court for the offences under Sections 341 & 353 IPC against the petitioners-accused is reduced to the period already undergone. In the result, the sentence of rigorous imprisonment for a period of one month each for the offence under Section 341 IPC and the sentence of rigorous imprisonment for a period of six months each for the offence under Section 353 IPC imposed against the petitioners- accused in Criminal Appeal No.444 of 2003, by judgment dated 28.12.2004, are reduced to that of the period, which the petitioners have already undergone, while maintaining the sentence of fine amount. With the above modification, the Criminal Revision Case is dismissed. _______________________ GOPALA KRISHNA TAMADA, J 10th March, 2011 Nn THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.2138 of 2004 10.3.2011