THE HON’BLE SRI JUSTICE GOPALAKRISHNA TAMADA CRIMINAL REVISION CASE No.1910 of 2010 DATED: 04-10-2010 ORDER: This Criminal Revision Case is filed by the petitioner- accused questioning the judgment, dated 13-08-2010, in Crl.A.No.40 of 2008 on the file of the learned I Additional District Judge, Nizamabad, modifying the sentence of imprisonment imposed by the learned Additional Assistant Sessions Judge (FTC), Nizamabad in C.C.No.256 of 2007 on 12-05-2008. 2. On the basis of a report given by the wife of the injured, who was examined as P.W.1, a case in Cr.No.139 of 2006 was registered by the police, Nandipet police station against the petitioner herein for the offences punishable under Sections 307 and 324 IPC and after investigation, charge sheet was filed and the learned Judicial Magistrate of First Class, Armoor has taken it on file as P.R.C.No.32 of 2007 and after committal the same was numbered as S.C.No.256 of 2007 on the file of the learned Additional Assistant Sessions Judge (FTC), Nizamabad at Armoor. 4. During the course of trial, P.Ws.1 to 13 were examined and Exs.P1 to P7 were marked on behalf of the prosecution. No oral or documentary evidence was adduced on behalf of the defence. M.Os1 to 3 were marked. 5. Having analyzed the said evidence, the trial Court came to the conclusion that the petitioner is guilty of both the charges and accordingly vide judgment, dated 12-05- 2008, sentenced him to undergo simple imprisonment for a period of five years for the offence punishable under Section 307 IPC and simple imprisonment for a period of one year for the offence punishable under Section 324 IPC. The trial Court further observed that the said sentences shall run concurrently. The said judgment was questioned by filing Crl.A.No.40 of 2008 and the learned I Additional District Judge, Nizamabad, while concurring with the said finding of guilt, however reduced the said sentence of simple imprisonment of five years to that of one year for the offence punishable under Section 307 IPC and simple imprisonment of one year to that of six months for the offence punishable under Section 324 IPC. Aggrieved thereby, petitioner preferred the present revision. 6. Learned counsel for the petitioner fairly conceded that it is not a fit case for interference, however requested this Court to take a lenient view having regard to the fact that the petitioner was in jail for a period of more than two months. In the light of the said submission, this Court looked into the record and found that the petitioner was arrested on 26-12-2006 and immediately remanded to judicial custody and he was enlarged on bail on 18-01- 2007. 8. From the above, it is clear that the petitioner was in jail for a period of 23 days as an under-trial prisoner. After dismissal of the appeal, he was taken into custody to serve the remaining sentence and he was in jail for a period of 52 days. Thus, totally he was in jail for a period of 75 days and as on date, he is in jail. As the lower appellate Court sentenced him to undergo simple imprisonment for a period of one year for the offence punishable under Section 307 IPC and six months for the offence punishable under Section 324 IPC and the said sentences are to run concurrently, and the petitioner had undergone a sentence of more than 2½ months, this Court thinks it appropriate that a lenient view can be taken by reducing the said sentence to that of the period already undergone by the petitioner. 9. Accordingly, the sentence of simple imprisonment of five years and one year imposed against the petitioner–Madaboi Narsaiah, S/o Bojanna by the learned Additional Assistant Sessions Judge (FTC), Nizamabad at Armoor in S.C.No.256 of 2007, and as reduced by the learned I Additional District & Sessions Judge, Nizamabad in Criminal Appeal No.40 of 2008 to that of one year and six months, for the offences punishable under Sections 307 and 324 IPC respectively, is reduced to that of the period already undergone by him. Petitioner is directed to be set at liberty forthwith if not required in any other crime. Except the above modification in all other aspects the revision is dismissed. _______________________________ GOPALA KRISHNA TAMADA,J 04th October, 2010. Tsy