THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRL.R.C.M.P.NO.2542 OF 2010 & CRIMINAL REVISION CASE No.1121 OF 2010 ORDER: 1 Petitioners herein were tried by the learned Judicial Magistrate of I Class, Tiruvuru in C.C.No.5 of 2004 for the offences punishable under sections 447, 323 and 324 r/w 34 of IPC. During the course of trial, the prosecution examined PWs.1 to 9 and got marked Exs.P.1 to P.10. Having analysed the said evidence, the trial court while acquitting the petitioners for the offences punishable under sections 447 and 324 r/w 34 of IPC, found the petitioners guilty for the offence punishable under section 323 of IPC and accordingly convicted and sentenced them to suffer simple imprisonment for a period of six months and also to pay a fine of Rs.500/- each. Petitioners questioned the said judgment passed by the trial court dated 30.06.2009 by way of Criminal Appeal No.97 of 2009 and the learned I Additional Sessions Judge, Krishna at Machilipatnam by his judgment dated 14.06.2010 dismissed the said appeal. Hence the petitioners approached this court and filed the present revision. 2 While admitting this revision, this court granted bail to the petitioners by order dated 18.06.2010. Now the petitioners approached this court and filed Crl.R.C.M.P.No.2542 of 2010 for speedy disposal of the revision. 3 Brief facts are that in view of the ill feelings between the family of the complainant and the petitioners with regard to the site of the complainant’s family on 26.11.2003 at about 7.30 a.m. when the complainant was cleaning grass at his site to construct a house, the petitioners criminally trespassed into the said site, beat P.W.1 with the revere portion of axe and tatimatta respectively on his body and inflicted finger nail injuries on his neck and when PW.2 went for rescue of P.W.1, the petitioners beat her also indiscriminately. Second petitioner kicked her with legs and the first petitioner beat her on her below left arm with tatimatta and caused injuries to them voluntarily. In that connection a case in Cr.No.116 of 2003 was registered for the offences punishable under sections 447, 323 and 324 r/w 34 of IPC and after completion of the entire investigation the charge sheet was filed. 4 The learned counsel for the petitioners fairly conceded that this is not a fit case for interference since two courts below have concurrently held that the petitioners are guilty of the said offence, however, he requested the court to take a lenient view in so far as the said sentence is concerned. 5 Having regard to the fact that the petitioners were in jail from 14.06.2010 to 19.06.2010 after the dismissal of their appeal and also in view of the fact that the sentence imposed on the petitioners was only simple imprisonment for six months, and having regard to the fact that the alleged offence relates to the year 2003, this court is inclined to take a lenient view. 6 Accordingly, the said sentence of simple imprisonment for six months imposed by both the courts below on the petitioners is reduced to that of the period, which the petitioners had already undergone. Excepting the above modification, this revision, in all other aspects is dismissed. -------------- Kvsn 04.10.2010