THE HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE NO.1898 OF 2010 1 The petitioners herein along with four others were tried by the learned Judicial Magistrate of I Class, Tiruvuru in C.C.No.45 of 2003 for the offence punishable under sections 148 and 324 r/w 34 of IPC. The trial court, after full fledged trial, found the accused not guilty of the offence punishable under section 148 of IPC, but found them guilty for the offence punishable under section 324 r/w 34 of IPC and accordingly convicted and sentenced them to undergo imprisonment for a period of one year each. The said judgment dated 06.08.2009 was questioned by way of filing Criminal Appeal No.105 of 2009 and the learned I Additional District & Sessions Judge, Krishna at Machilipatnam by his judgment dated 13.10.2010 while allowing the said appeal partly, acquitted the accused 1 to 4 of the offence punishable under section 324 r/w 34 of IPC, but, however, altered the conviction and sentence imposed on the petitioners herein who are A.5 and A.6, for the offence punishable under section 324 r/w 34 of IPC to section 323 of IPC and sentenced them to suffer simple imprisonment for three months each. Hence the petitioners approached this court and filed the present revision. 2 Brief facts are that on 01.12.2002 all the accused formed themselves into an unlawful assembly armed with deadly weapons such as sticks, knives and sickles etc., went to the house of P.Ws.1 to 5 and demanded PW.3 for the study of B.Ed, coaching of the daughter of A.7 and so saying they broke the tube lights. Then P.W.1 came out from his house then A.3 hacked him with knife below the left collar bone, A.1 stabbed P.W.1 with knife on the left side of his trunk resulting bleeding injuries to P.W.1, A.4 beat P.W.1 with back portion of the stick on the left leg resulting bleeding injury, A.2 and A.5 embarrassed P.W.1, A.6 beat P.W.1 with stick on his right leg, A.5 hacked P.W.2 with a sickle resulting bleeding injury to her left index finger. When P.W.5 came fro the rescue of P.W.1, A.5 stabbed P.W.5 with knife resulting bleeding injuries to the hand of P.W.5. P.Ws.4, 8, 9 and others witnessed the said incident. In that connection a case in Cr.No.171 of 2002 was registered for the offence punishable under sections 143, 427 and 324 r/w 34 of IPC against A.1 to A.7. After completion of investigation the police filed the charge sheet. During the pendency of the case, A.7 died and hence case against him was abated. 3 Heard. 4 The learned counsel for the petitioners fairly conceded that this is not a fit case for interference, but requested this court to take a lenient view in so far as the sentence imposed on the petitioners is concerned. 5 Having regard to the fact that the petitioners were taken into custody 13.10.2010 and as on today they are in jail, and having regard to the fact that the offence is of the year 2002 and inasmuch as the petitioners were made roaming from one court to another for all these years, this court is of the opinion that a lenient view may be taken. 6 In the result, the sentence of simple imprisonment for a period of three months for the offence punishable under section 323 of I.P.C imposed against the petitioners herein viz., T. Vamsee Krishna @ Vamsee and Ch.Ram Babu by the learned I Additional District & Sessions Judge, Krishna District at Machilipatnam in Criminal Appeal No.105 of 2009, by his judgment dated 13.10.2010, is reduced to that of the period, which the petitioners have already undergone. The petitioners are directed to be set at liberty forthwith, if not required in any other crime. Except the above modification in all other aspects the revision is dismissed. _____________________________ GOPALA KRISHNA TAMADA, J 19th October 2010 Kvsn