HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.723 OF 2004 Dated 18-6-2010 Between: Repuri Suguna Rao and others. …Petitioners. And: The State of A.P. represented by its Public Prosecutor, High Court of A.P., Hyderabad. …Respondent. HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.723 OF 2004 ORDER: Aggrieved by the judgment passed on 8-4-2004 in Criminal Appeal No.132 of 2001 by the learned 6th Additional Sessions Judge, (Fast Track Court) Ongole, the present revision is preferred by the petitioners. Petitioners herein are A.1 to A.5 and A.11. The case of the prosecution in brief is as follows: On 6-9-1998 at 9.30 P.M., while first informant Kanakaiah and his wife Balamma, one Abraham who is the brother of Kanakaiah, wife of Abraham by name Sanjeevamma were talking with each other having completed their meal in front of the house of Kankaiah, petitioners and other accused armed with sticks and formed into an unlawful assembly and made a quarrel with the above witnesses. In pursuance o their common object, they beat four persons, as a result of which, Kanakaiah and Abraham received injuries. Thereafter, due to fear Kanakaiah and Abraham and their wives stayed into the house of Janardhan. On the next day morning, Kanakaiah presented a report before Kothapatnam Police Station and the same was registered by the Police, Kothapatnam as a case in Cr.No.61 of 1998. After due investigation, the S.I. of Police, Kothapatnam laid the Charge Sheet. Before the trial Court, on behalf of the prosecution, P.Ws.1 to P.13 were examined and Exs.P.1 to P.17 were marked and on behalf of accused, no oral or documentary evidence was adduced. Heard the learned counsel for the petitioners and the learned Public Prosecutor and perused the material available on record. A perusal of the record goes to show that the lower appellate Court having found petitioners 1 to 3 and 5 and 6 i.e., A.1 to A.3, A.5 and A.11 guilty for the offence under Section 323 I.P.C convicted and sentenced them to pay a fine of Rs.500/- each for the said offence and also found the 4th petitioner-A.4 guilty for the offence under Section 325 I.P.C. and sentenced him to undergo R.I. for a period of six months and also sentenced to pay a fine of Rs.500/- for the said offence. It is brought to the notice of this Court by the learned counsel for the petitioners that they are not pressing the revision filed by the petitioners 1 to 3, 5 and 6 and hence, the revision is liable to be dismissed in so far as petitioners-1 to 3, 5 and 6 are concerned. Now, the case remains to be considered in so far as the 4th petitioner-A6 is concerned. It is pertinent to note that the crime is of the year 1998 and the age of 4th petitioner is more than sixty years and already the conviction against the 4th petitioner is a stigma in the society and apart from that, the petitioner is wandering around the courts for the last 12 years. In this background of the matter and in view of the nature of the offence and in view of the fact that the petitioner is aged about 60 years, it is a fit case to set aside the sentence imposed against the 4th petitioner to undergo R.I. for six months. However, it is just and proper to modify the sentence imposed against 4th petitioner by the lower appellate Court to pay a fine of Rs.500/- to that of Rs.2,500/- (Rupees two thousand five hundred only), in default to suffer R.I. for a period of 3 months. Subject to the above modification, the criminal revision case is partly allowed in so far as the 4th petitioner is concerned. Consequently, the conviction and sentence imposed against the 4th petitioner to under R.I for a period of six months for the offence under section 325 I.P.C is set aside and the conviction and sentence imposed against the 4th petitioner to pay a fine of Rs.500/- is modified to that of Rs.2,500/- (Rupees two thousand five hundred only) for the offence under section 325 I.P.C., in default to suffer R.I. for a period of 3 months. However, the criminal revision case is dismissed as not pressed in so far as petitioners-1 to 3, 5 and 6 are concerned. _______________________ Justice RAJA ELANGO Dated 18-6-2010 Dvs HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.723 OF 2004 Dated 18-6-2010