THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.915 of 2004 JUDGMENT: This Criminal Revision Case is directed against the judgment dated 10.6.2004 made in Crl.A.No.217 of 2001 by the X Additional District & Sessions Judge (FTC), Guntur. The case of the prosecution is as follows: On 18.2.1998 at 10 a.m., a petty quarrel took place in the morning in between P.W.1 and A5 while drawing water from panchayat tap near their houses at Kothapalem village. P.Ws.2 and 3, who went to usual fish tanks’ works, returned to the house in the evening, and on coming to know about the incident, they questioned the accused. Then, the accused voluntarily armed with sticks and attacked P.Ws.1 to 3 at about 6 pm., in front of the house of P.W.2. They caught hold of P.W.3, fisted with hands and pressed his neck causing abrasion. A1 beat with a stick on his left leg and A2 beat with a stick on his fore arm. When P.W.2 intervened, A1 beat him with a stick on his head, A2 beat him with a stick on his right shoulder and A3 bite on the right ear causing permanent disfigeration by removing a bit of right ear portion. A5 beat with a stick on the left shoulder and back of P.W.1. On the basis of statement given by P.W.2, a case in Crime No.13 of 1998 of Advuladeevi P.S., was registered against the petitioners for the offence punishable under Sections 324 and 325 r/w 34 IPC. After completion of the investigation, charge sheet was filed and the same was taken cognizance as C.C.No.55 of 1998. On appreciation of both oral and documentary evidence, the trial Court found the petitioners- A1, A2, A4 and A5 guilty of the offence under Section 324 r/w 34 IPC and A3 for the offence under Section 324 r/w 34 and 326 IPC and accordingly, convicted and sentenced all the accused for the offence under Section 324 r/w 34 IPC to pay a fine of Rs.1,500/- each in default to suffer S.I. for three months each and sentenced A3 to undergo R.I. for a period of six months and to pay a fine of Rs.500/- in default to suffer S.I. for one month for the offence under Section 326 IPC. The said judgment was questioned by way of filing an appeal in Crl.A.No.217 of 2001 before the X Additional District & Sessions Judge (FTC), Guntur. The learned Sessions Judge confirmed the judgment of the trial Court. Questioning the said judgment, the petitioners-accused 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 3rd petitioner-A3 was in jail for a period of nearly 5 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 1998 and in view of the fact that the 3rd petitioner-A3 was in jail for a period of five 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 Courts below against the 3rd petitioner-A3 for the offence under Section 326 IPC is reduced to the period already undergone. In the result, the sentence of rigorous imprisonment for a period of six months for the offence under Section 326 IPC imposed by the Courts below against the 3rd petitioner-A3 is reduced to that of the period already undergone, while maintaining the sentence of fine under Section 326 IPC and also maintaining the sentence of fine imposed against all the petitioners for the offence under section 324/r/w 34 IPC. 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.915 of 2004 10.3.2011