HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL APPEAL No. 1023 of 2004 JUDGMENT: This Criminal Appeal, under Section 374(2) Cr.P.C., is filed by the appellants-accused Nos.1 and 2 against the conviction and sentence recorded against them in S.C.No.154 of 2004 by the learned VI Addl. Sessions Judge (FTC), Krishna at Machilipatnam. 2. The appellants-A.1 and A.2 were tried by the learned Sessions Judge for the offences punishable under Sections 302 IPC and 307 IPC respectively and after due trial, the learned Sessions Judge convicted the 1st appellant-A.1 for the offence punishable under Section 304 Part-II IPC and sentenced him to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs.2,000/- in default to suffer simple imprisonment for two months and the 2nd appellant-A.2 for the offence punishable under Section 324 IPC and sentenced him to undergo rigorous imprisonment for six months and to pay a fine of Rs.1,000/- in default to suffer simple imprisonment for two months, vide judgment dated 21.05.2004. 3. Heard both sides. 4. After arguing for sometime, the learned counsel for the appellants by not pressing the main prayer confined his arguments to the extent of imposition of sentence and requested the Court to show some indulgence on the appellants. 5. In view of the said submission, this Court is of the view that merits of the prosecution case and the impugned judgment need not be adjudicated. 6. The entire offence took place in a spur of moment and there is no pre-determination or plan for the 1st appellant to cause the death of the deceased and also for the 2nd appellant to cause injury to P.W.1, daughter of the deceased. Moreover, when the 1st appellant was working in the field, it is quite natural for him to possess a weapon like crow bar. But, at the same time he is having knowledge that use of the crow bar would cause the death of the deceased. Admittedly, the offence took place in the year 2000 and for all these years the appellants suffered humiliation and the 1st appellant is aged 60 years. In these circumstances, this Court is inclined to show some lenience against the appellants. 7. Accordingly, the conviction imposed against the appellants-A.1 and A.2 by the trial Court is hereby confirmed. However, the sentence of imprisonment imposed against the 2nd appellant-A.2 for the offence punishable under Section 324 IPC is modified to that of the period already undergone by him, but the fine amount is not interfered with. As far as the 1st appellant-A.1 is concerned, the sentence of imprisonment for a period of five years for the offence punishable under Section 304 Part-II IPC is modified to one (1) year and the period of sentence already undergone by him shall be given set off under Section 428 Cr.P.C., but the fine amount is not interfered with. The 1st appellant-A.1 is directed to surrender before the trial Court on or before 20.02.2011 to serve the remaining sentence. On his failure, the trial Court is at liberty to issue warrant to secure him. 8. With the above modification, the Criminal Appeal is disposed of. _________________ RAJA ELANGO, J 7th December, 2010 cbs HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL APPEAL No.1023 of 2004 DATE: 07.12.2010 Between : Akunuri Mangarao and another … Appellants/ A.1 and A.2 and State of A.P. ..Respondent HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL APPEAL No.1023 of 2004 (Disposed of) 7th December, 2010 cbs