THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.1914 of 2004 JUDGMENT: On the basis of a report given by the de facto complainant, who was examined as P.W-1, a case in Crime No.23 of 1999 of Markapur Town Police Station was registered against the accused for the offences punishable under Sections 498-A and 306 IPC and after investigation, the charge sheet was filed and the same was numbered as P.R.C.No.32 of 1999 on the file of the Judicial Magistrate of First Class, Markapur. After committal, it was numbered as S.C.No.454 of 1999 on the file of the Assistant Sessions Judge, Markapur. During the course of trial, on behalf of the prosecution, P.Ws.1 to 14 were examined and Exs.P-1 to P-14 were marked, besides M.O-1. On behalf of the accused, none was examined and no documents were marked. The learned Sessions Judge having analysed the entire evidence, both oral and documentary, came to the conclusion that the accused is guilty of the said offences and accordingly, by his judgment, dated 22.06.2001, sentenced him to suffer rigorous imprisonment for a period of two years and to pay a fine of Rs.500/-, in default to suffer simple imprisonment for two months for the offence punishable under Section 498-A IPC and further, sentenced him to suffer rigorous imprisonment for five years and to pay a fine of Rs.500/-, in default to suffer simple imprisonment for two months for the offence punishable under Section 306 IPC and directed that both the sentences shall run concurrently. The said judgment was questioned by filing Criminal Appeal No.120 of 2001 and the learned VI Additional District and Sessions Judge, (Fast Track Court), Ongole, by his judgment, dated 03.11.2004, found the accused not guilty of the offence punishable under Section 306 IPC, but, however, found him guilty of the offence punishable under Section 498-A IPC and sentenced him to suffer rigorous imprisonment for a period of one year, while confirming the fine imposed by the trial Court. Hence, the petitioner approached this Court and filed this Revision. The case of the prosecution in brief is as follows: - The deceased is the wife of the accused. While so, the accused used to harass the deceased subjecting her to cruelty to bring amount from her parents-P.Ws.1 and 2 and also used to threat that he will marry another lady since the deceased is issueless. Vexed with the harassment meted out by the accused, the deceased committed suicide by hanging. In this connection, on a report given by the mother of the deceased, a case was registered against the accused and after completion of 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 about two weeks 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. In the light of the said submission, this Court looked into the record. Apparently, the impugned judgment was pronounced on 03.11.2004 and immediately, he was sent to jail to suffer the imprisonment imposed on him. Subsequently, by virtue of the bail granted by this Court on 10.11.2004, which was modified again on 19.11.2004, he was released from the jail. Thus, it is evident that the petitioner was in jail for about two weeks. Hence, this Court is of the view that a lenient view can be taken. Accordingly, the sentence of rigorous imprisonment of one year for the offence punishable under Section 498-A IPC imposed on the petitioner-accused by the VI Additional District and Sessions Judge (Fast Track Court), Ongole, in C.A.No.120 of 2001, by his judgment, dated 03.11.2004 is reduced to that of the period already undergone by him, while maintaining the sentence of fine. Except the said modification in the sentence of imprisonment, in all other aspects, this Criminal Revision Case stands dismissed. ___________________________________ JUSTICE GOPALA KRISHNA TAMADA 27th January 2011 DR