THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.1909 of 2010 JUDGMENT: The petitioner herein was tried by the VIII Additional Chief Metropolitan Magistrate, Hyderabad, in C.C.No.41 of 2006 for the offences punishable under Sections 290 and 353 of Indian Penal Code. During the course of trial, on behalf of the complainant, P.Ws.1 and 2 were examined and Exs.P-1 to P-6 were marked. On behalf of the accused, neither oral nor documentary evidence was adduced. The learned Magistrate having analysed the entire evidence on record, found the accused guilty of the said offences and accordingly, by his judgment dated 21.10.2009, sentenced him to suffer rigorous imprisonment for a period of one year for the offence under Section 353 IPC and to pay a fine of Rs.200/- for the offence under Section 290 IPC. The same was questioned by the accused by filing Criminal Appeal No.380 of 2009 on the file of the IV Additional Metropolitan Sessions Judge, Hyderabad, who by his judgment, dated 14.10.2010, while concurring with the findings recorded by the trial Court, dismissed the appeal confirming the judgment rendered by the trial Court. Hence, the present Criminal Revision Case. The brief facts of the case are that on 23.12.2005, on receipt of information as to illegal sale of toddy and also ID liquor in the house bearing No.17.3B-4, Jaffargunj, Hyderabad, the Prohibition and Excise Inspector, Enforcement, Hyderabad along with his staff proceeded to the said house and found some empty ID liquor packets opposite to the house and that the accused on seeing the excise jeep, abused the Excise Police as “YEVADU CHEPPADU MEMU AMMUTUNNAMANI, VANI AMMANI DENGESTANU, NAA INTLOKI YEA LANGA KODUKU VASTADO VANI AMMANI DENGESTANU”. Then the wife of the accused ran into the room and closed the doors. On seeing this, when the Excise Inspector asked her not to close the doors, the accused again abused him in filthy language and he obstructed the Excise Inspector from entering into the house. Later, basing on the complaint given by the said Excise Inspector, a case in Crime No.242 of 2005 for the offences punishable under Sections 290 and 353 was registered and that during the course of investigation, the statements of the witnesses were recorded and the accused was also apprehended on 24.12.2005. After completion of the investigation, the charge sheet was filed. When the matter is taken up for hearing, learned counsel for the petitioner fairly conceded that it is not a fit case for interference, but, however, submitted that the petitioner was in jail for a period of more than 20 days and requested this Court to take a lenient view and acquit the petitioner. Heard learned counsel for the petitioner and the learned Public Prosecutor appearing for the respondent- State. Apparently, the petitioner was arrested on the very next date of commission of the offence i.e., on 24.12.2005 and he was in jail for a period of 17 days. Further, immediately, after pronouncement of judgment, dated 21.10.2009 in C.C.No.41 of 2006 on the file of the VIII Additional Chief Metropolitan Magistrate, Hyderabad, he was taken into custody and as on date he is in jail. From the above, it is clear that the petitioner was in jail for more than 20 days. Further, as the commission of offence was in the year 2005, this Court is of the view that a lenient view can be taken. Accordingly, the sentence of rigorous imprisonment of one year imposed on the petitioner for the offence under Section 353 IPC by the VIII Additional Chief Metropolitan Magistrate, Hyderabad, in Criminal Appeal No.380 of 2009 by the judgment, dated 14.10.2010, is reduced to that of the period already undergone by him, while maintaining the sentence of fine for the offence under Section 290 IPC. However, the petitioner is directed to pay a fine of Rs.5,000/- (Rupees Five thousand only) for the offence under Section 353 IPC. Except the said modification in the sentence of imprisonment, in all other aspects, this Criminal Revision Case stands dismissed. ___________________________________ JUSTICE GOPALA KRISHNA TAMADA 25th October 2010 DR