THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.665 of 2011 JUDGMENT: This Criminal Revision Case is directed against the judgment, dated 27.01.2011, passed by the VII Additional District and Sessions Judge, (Fast Track Court), Guntur in Crl.A.No.340 of 2010, wherein and whereby the judgment, dated 05.07.2010, passed in C.C.No.476 of 2008 on the file of the Judicial Magistrate of First Class, Special Mobile Court, Guntur, convicting and sentencing the petitioner-accused to undergo rigorous imprisonment for a period of two years each and to pay a fine of Rs.500/- each, in default to suffer simple imprisonment for three months each, for the offence under punishable Section 394 read with 34 IPC, was confirmed. The succinct facts of the prosecution case are that the on 12.10.2008 at about 8.30 pm., P.W-1 boarded an auto bearing No.5424 at Market Centre of Vijayawada to go to Mirchy yard and after going some distance, the auto driver allowed two persons as passengers stating that they will get down on the way near Check-post centre; that the auto driver drove the auto towards Visalakshi cold storage by diverting the road and when P.W-1 asked the driver about the same, he replied that the two persons will be dropped at Cold storage as they are working there; that on the way, the auto driver was discussing something with the said two persons; and on that, P.W-1 got suspicion over them and jumped from the auto leaving the luggage bag and tried to escape from their clutches, but all the three accused chased and beat him with iron rod on his hands and legs and caused injuries and also robbed the cash of Rs.2,400/-, Nokia cell phone and six demand drafts all worth Rs.2,98,950/- and absconded from the place. Basing on the said complaint, a case was registered and after completion of investigation, during which, the stolen property was seized from the possession of the accused, the charge sheet was filed. When the matter is taken up, learned counsel for the petitioners-accused fairly conceded that this is not a fit case for interference, but, however, requested this Court to take a lenient view having regard to the fact that the first petitioner- Accused No.1 has already suffered imprisonment for about 4 ½ months and the second petitioner-accused No.2 has suffered imprisonment for about a month. Heard both sides and perused the material papers on record. In the calender of the judgment of the trial Court in the said C.C., the dates on which the petitioners-accused were taken into custody and the period of remand undergone by them is clearly mentioned. Having regard to the fact that the petitioners-accused have languished in jail for a considerable length of time, this Court is of the view that a lenient view can be taken. Accordingly, the sentence of rigorous imprisonment of two years each for the offence punishable under Section 394 read with 34 IPC imposed on the petitioners-accused by both the Courts below, is reduced to that of the period already undergone by them, 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. As the petitioners are in jail, the Office is hereby directed to send a copy of this order to the jail authorities and the jail authorities shall release the petitioners forthwith, if they are not required in connection with any other crime. ___________________________________ JUSTICE GOPALA KRISHNA TAMADA 23rd March 2011 DR