HON’BLE SRI JUSTICE G. KRISHNA MOHAN REDDY CRIMINAL REVISION CASE No.635 OF 2004 Date: 28-06-2011 Between: Addepalli Murali Krishna. - - - Petitioner/ Appellant/ A-1. Versus The State of A.P., Rep. By its Public prosecutor, High Court of A.P., Hyderabad. - - - Respondent. This Court made the following : HON’BLE SRI JUSTICE G. KRISHNA MOHAN REDDY CRIMINAL REVISION CASE No.635 OF 2004 JUDGMENT: This Criminal Revision Case is preferred by the Petitioner- A-1 against judgment, dated 19-03-2004, rendered in Criminal Appeal No.97 of 2001 by the learned Sessions Judge, Mahila Court, Vijayawada, Krishna District. 2. The Petitioner-A-1 along with two other accused were prosecuted in C.C. No.567 of 1998 for the offence punishable under Section 498-A of I.P.C. After due trial, the learned IV Metropolitan Magistrate, Vijayawada, Krishna District convicted the Petitioners/ A-1 to A-3 for offence punishable under section 498-A of I.P.C. and sentenced them to undergo Rigorous Imprisonment for one year with a fine of Rs.2,000/- and in default of payment of the fine to undergo simple imprisonment for three months for the offence under Section 498-A of I.P.C. vide judgment, dated 26-07-2001. 3. As against the said conviction and sentences, the petitioners filed Criminal Appeal No.97 of 2001 on the file of learned Sessions Judge, Mahila Court, Vijayawada, and the learned Additional Sessions Judge, having gone through both oral and documentary evidence adduced, dismissed the Criminal Appeal, in so far as the Petitioner/A-1 is concerned, confirming the conviction and sentences imposed by the trial Court against him vide judgment, dated 19-03-2004. Challenging the same, the Petitioner/A-1 has preferred this Revision. 4. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the Respondent – State. 5. The prosecution version in brief is that the Petitioner/A-1 being the husband of PW.1 and A-2 and A-3 being mother and brother of A-1 respectively, harassed PW.1 for want of additional dowry and even though the parents of PW.1 sent Rs.50,000/- by way of demand draft, again the petitioner insisted for payment of Rs.1,00,000/- as the amount sent through D.D. was not found sufficient. Further PW.1 delivered a male child but, the Petitioner/ A-1 did not visit to see his child then and also subsequently when the child died due to ill-health. Further all the Accused harassed PW.1 physically and mentally and threatened her for bringing additional money threatening that otherwise the first of them (the Petitioner/ A-1) would give divorce to her. Further, they also tried to kill her by squeezing her neck. 6. After arguing for some time, learned counsel for the petitioner has not pressed the main prayer and confined his arguments to the extent of reduction of sentence and requested the Court to show some indulgence on the petitioner. 7. In view of the said submission and also the fact that the trial Court as well as the appellate Court gave concurrent findings in so far as the Petitioner/A-1 is concerned, this Court is of the view that the merits of the prosecution case and the impugned judgment need not be adjudicated. 8. Admittedly, the offence took place in the year 1998 and for all these years the petitioner suffered humiliation by attending various Courts in connection with this case and lost valuable part of his life and might have incurred lot of expenditure. In these circumstances, this Court is inclined to show some lenience towards the petitioner. 9. Accordingly, the conviction recorded against the Petitioner-Accused by the trial Court for the offence punishable under Section 498-A of I.P.C. as confirmed by the appellate Court is confirmed and the sentence of imprisonment is modified from one year to four months keeping the fine clause imposed by the lower Court intact. The period of imprisonment, if any, undergone by the petitioner shall be given set off under Section 428 of Cr.P.C. With the above modification, the Criminal Revision Case is dismissed. __________________________ G. KRISHNA MOHAN REDDY, J 28h June, 2011. Dsh THE HON’BLE SRI JUSTICE G. KRISHNA MOHAN REDDY 202 CRIMINAL REVISION CASE No.635 OF 2004 June, 28, 2011 DSH