HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No:228 OF 2011 ORDER: The petitioner herein was tried in C.C.No.377 of 2004 on the file of the I Additional Junior Civil Judge-cum-Judicial Magistrate of First Class, Madanapalle, Chittoor District, for the offence punishable under section 279 IPC, Section 134(b) r/w 187 of M.V.Act and Section 3(2)(a)(e) of Prevention of Damage to the Public Property Act. During the course of trial, P.Ws.1 to 4 were examined and Exs.P-1 to P-9 were marked. Having assessed the said evidence, the trial Court found the petitioner guilty the said offence and accordingly, sentenced him to undergo R.I. for a period of three months and to pay a fine of Rs.300/- in default, to suffer simple imprisonment for one month for the offence under section 279 IPC; and also sentenced him to undergo R.I. for three months for the offence under Section 3(2)(a)(e) of Prevention of Damages to the Public Property Act and also sentenced him to pay a fine of Rs.200/- in default to suffer S.I for one month for the offence punishable under section 134(B)r/w 187 of M.V.Act. The said judgment was questioned by filing Crl.A.No.91 of 2010 before the Sessions Judge, Chittoor Division. The same was dismissed by judgment, dated 27.1.2011. Having aggrieved by the same, the present revision case is filed. Learned Counsel for the petitioner contended that the petitioner was the driver of the vehicle and therefore, the provisions under the Prevention of Damages to the Public Property Act and Section 279 IPC and Section 134(b)r/w 187 of M.V. Act will not be applicable to the case on hand. The learned Public Prosecutor has opposed the said submissions and stated that it is not a fit case to interfere with the judgments of the Courts below. The material on record goes to show that after dismissal of the appeal, the petitioner was taken into custody on 27th January, 2011 and as on date, he is in jail. Having regard to the facts and circumstances of the case and the nature of the offence and having regard to the fact that the petitioner is a driver of the vehicle and in view of the fact that the substantive sentence is only for three months and the petitioner is already in jail for the last more than one week, this Court feels that it is a fit case to take a lenient view and to reduce the sentence of imprisonment to that of the period already undergone. Accordingly, the sentence of rigorous imprisonment of three months each for the offences punishable under Sections 279 IPC and 3(2)(a)(e) of the Prevention of Damages to the Public Property Act, imposed on the petitioner-accused by both the Courts below is modified and reduced to that of the period already undergone by him, while sustaining the sentence of fine. Except the said modification in the sentence of imprisonment, in all other aspects, this Criminal Revision Case stands dismissed. As the petitioner is in jail, the office is hereby directed to send a copy of this order to the jail authorities and the jail authorities shall release the petitioner forthwith, if he is not required in connection with any other crime. ____________________________ Justice Gopala Krishna Tamada Dated: 4.2.2011 Nn HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No:228 OF 2011 4.2.2011