THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.1675 of 2010 JUDGMENT: The petitioners herein, who are Accused Nos.1 and 2, were tried by the learned Assistant Sessions Judge, Nagarkurnool, in S.C.No.709 of 2006, for the offences punishable under Sections 304 and 429 of I.P.C. During the course of trial, the prosecution examined P.Ws.1 to 12 and got marked Exs.P1 to P8, and on behalf of defence, none were examined and no documents were marked. M.O.1 was marked. On analysis of the entire material and the evidence on record, the learned Assistant Sessions Judge, Nagarkurnool, came to the conclusion that the accused are guilty of the offences punishable under Sections 304 and 429 of I.P.C. and, accordingly, by his judgment dated 16.07.2008, convicted them to undergo Rigorous Imprisonment for a period of five years for the offence punishable under Section 304 I.P.C. and Rigorous Imprisonment for a period of one year for the offence punishable under Section 429 I.P.C., and further ordered that both the sentences shall run concurrently. As against the said judgment, both the accused preferred appeal in Crl.A.No.120 of 2008 before the Judge, Family Court-cum-Additional District Judge, Mahabubnagar, FAC V-Additional Sessions Judge (FTC), Mahabubnagar, who, after considering the matter in detail, by his judgment dated 03.08.2010, while holding that the accused are not guilty of the offences punishable under Sections 304 and 429 of IPC, set aside the punishment imposed on them for the said offences, however found them guilty of the offence punishable under Section 304-A of I.P.C. and sentenced them to undergo Rigorous Imprisonment for a period of six months each and to pay a fine of Rs.2,500/- each. Aggrieved thereby, the accused preferred the present Criminal Revision Case. The case of the prosecution, succinctly, is as follows:- On 17.11.2005 at 9.30 a.m., the Village Secretary of Velgonda, who was examined as PW.1, lodged a complaint before Bijinepally Police Station, stating that on 16.11.2005, due to taking of electricity illegally by the accused to their motor of bore well by tapping the main live wires for the purpose of irrigating their fields, one goat, belonging to one Ekke Anjaneyulu, which went into the fields of the accused for grazing, came into contact with live electrical wire and died on the spot and when the said Ekke Anjaneyulu tried to rescue his goat, he too got electrocuted and died on the spot. On the basis of the said report, a case in Crime No.119 of 2005 was registered against the petitioners herein for the offences punishable under Sections 304-A and 429 of I.P.C. After completion of the entire investigation, charge sheet was filed before the learned Judicial Magistrate of First Class, Nagarkurnool, and thereafter, as it is a matter to be tried by the Sessions Division, the learned Magistrate committed the case to the Court of Sessions, Mahabubnagar. Thereupon, the learned Sessions Judge, Mahabubnagar, made over the case to the Assistant Sessions Judge, Nagarkurnool, by numbering it as S.C.No.709 of 2006. As stated supra, to substantiate its case, the prosecution examined P.Ws.1 to 12 and marked Exs.P1 to P8. On behalf of defence, no oral and documentary evidence was adduced. M.O.1 was marked. Having analyzed the entire oral and documentary evidence, the trial Court found the accused guilty for the offences punishable under Sections 304 and 429 of I.P.C. and, accordingly, by judgment dated 16.07.2008, convicted and sentenced them as stated supra, and the said judgment was modified by judgment dated 03.08.2010 in Crl.A.No.120 of 2008 on the file of the Judge, Family Court-cum- Additional District Judge, Mahabubnagar, FAC V-Additional Sessions Judge (FTC), Mahabubnagar, as stated supra. Sri Achutha Reddy, the learned counsel for the petitioners, fairly conceded that it is not a fit case to acquit the petitioners, but however requested this court to take a lenient view against the accused by reducing the punishment imposed on them, for the reason that they have suffered a substantive sentence. When the learned counsel for the petitioners was directed to produce the evidence establishing the fact that the petitioners have suffered substantive sentence, he produced a copy of the warrant of commitment. From a reading of the said warrant, it is found that the petitioners were initially arrested on 10.01.2006 and remanded to judicial custody, and thereafter they came out of jail by virtue of the bail granted by the competent Court on 03.02.2006. It is further found that the petitioners were again taken into custody on 16.07.2008, the day on which the learned Assistant Sessions Judge, Nagarkurnool, pronounced the judgment in S.C.No.709 of 2006, however by virtue of the bail granted by the lower appellate Court, the petitioners were released on bail on 02.08.2008. Though the appeal was disposed of on 03.08.2010, as the petitioners were not present before the Court below, N.B.Ws were issued, pursuant to which the petitioners surrendered before the trial Court on 20.09.2010. Thus, the petitioners were in jail for a period of 45 days. Further, the sentence imposed on the petitioners by the lower appellate Court is to undergo Rigorous Imprisonment for a period of six months each and to pay a fine of Rs.2,500/- each, for the offence punishable under Section 304-A of I.P.C. For the aforesaid reasons, this Court is of the considered view that this Criminal Revision Case can be dismissed, maintaining the conviction imposed on the petitioners by the lower appellate Court, but reducing the sentence of Rigorous Imprisonment of six months imposed on the petitioners, for the offence punishable under Section 304-A of I.P.C., to that of the period already undergone by them. So far as the fine amount is concerned, it needs no interference. Hence, the sentence of imprisonment for a period of six months imposed against the petitioners 1 & 2 herein by the learned Judge, Family Court-cum-Additional District Judge, Mahabubnagar, FAC V- Additional District Judge (FTC) Mahabubnagar, in Criminal Appeal No.120 of 2008, for the offence punishable under Section 304-(A) of I.P.C., 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 24.09.2010 v v