THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.1818 of 2004 JUDGMENT: A case in Crime No.252 of 1996 of Alwal Police Station was registered against the petitioner and his mother for the offences punishable under Sections 324 and 290 IPC. After investigation, the charge sheet was filed and the same was taken on file as C.C.No.282 of 1999 on the file of the Judicial Magistrate of First Class, Medchal, Ranga Reddy District against the accused for the offences punishable under Sections 324 and 209 IPC. During the course of trial, the prosecution examined P.Ws.1 to 5 and exhibited Exs.P-1 and P-3. On behalf of the accused, neither oral nor documentary evidence was adduced. The learned Magistrate having analysed the entire evidence, both oral and documentary, on record, came to the conclusion that the petitioner herein-accused No.1 is guilty of the said offences, and accordingly, by his judgment, dated 30.09.2003, convicted and sentenced him to suffer simple imprisonment for a period of three months for the said offences, but, however, held that the prosecution failed to bring home the guilt of Accused No.1 and accordingly, acquitted her. The same was questioned by the petitioner herein by filing Criminal Appeal No.139 of 2003 on the file of the Principal Sessions Judge, Ranga Reddy District at L.B.Nagar, Hyderabad. The learned Sessions Judge having reassessed the entire evidence which was brought on record by the prosecution agreed with the findings recorded by the trial Court and upheld the judgment of the trial Court and disposed of the appeal, vide judgment dated 19.10.2004. Hence, the petitioner approached this Court and filed the present Criminal Revision Case. The case of the prosecution in brief is that P.W-1 gave a complaint against the accused Nos.1 and 2, who are no other than his son and wife, respectively, alleging that on 27.08.1996, A-1 beat him, abused and broke the telephone and gave an ultimatum that if the properties are not transferred into the name of A-2, he will kill him. In this connection, on 29.08.1996, both the accused came to his house and while A-2 caught hold of P.W-1, A-1 started beating him with fist and hit him to the wall, as a result, he received pain and injuries on his face, nose, mouth and chest. On the basis of the said complaint, a case was registered and after completing the investigation into the case, 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, requested this Court to take a lenient view having regard to the fact that the petitioner was in jail for a day. In the light of the said submission, this Court looked into the record. Apparently, the impugned judgment was pronounced on 19.10.2004 and immediately, the petitioner was sent to jail to suffer the imprisonment imposed on him. Subsequently, by virtue of the bail granted by this Court on 20.10.2004, he was released from the jail. Thus, it is evident that the petitioner was in jail for a day. Hence, this Court is of the view that a lenient view can be taken. Accordingly, the sentence of simple imprisonment of three months for the offences punishable under Sections 324 and 209 IPC imposed on the petitioner-accused No.1 by both the Courts below 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 31st March 2011 DR