THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.388 OF 2005 DATED 7th OCTOBER, 2010. Between : R.Kondal Rao ..Petitioner-Accused and The State of A.P. ..Respondent THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.388 OF 2005 ORDER: This Criminal Revision Case under Sections 397 and 401 of the Code of Criminal Procedure (for short ‘Cr.P.C.’) is filed by the petitioner-accused against the judgment, dated 31.01.2005, rendered in Criminal Appeal No.44 of 2004 by the III Additional Sessions Judge, Karimnagar. Initially, the petitioner-accused was prosecuted in C.C.No.201 of 2003 for the offence punishable under Section 304A of Indian Penal Code (for short ‘IPC’) wherein after due trial, the learned Judicial Magistrate of First Class, Karimnagar, convicted the petitioner-accused under Section 255 (2) Cr.P.C. and sentenced him to undergo rigorous imprisonment for a period of one year and also to pay a fine of Rs.1,000/-, in default to suffer simple imprisonment for two months. As against the said conviction, petitioner preferred Criminal Appeal No.44 of 2004 in which the learned Sessions Judge, by impugned judgment, upheld the conviction and sentence imposed by the learned Magistrate. Challenging the same, the present revision is filed. Heard. After arguing for sometime, the learned counsel for the petitioner 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 petitioner. In view of the said submission, this Court is of the view that merits of the Prosecution case and impugned judgment need not be adjudicated. Admittedly, the offence took place in the year 2003 and for all these years the petitioner suffered humiliation and also stigma in the society. It is represented that the petitioner is the sole breadwinner of his family and has to look after the welfare his family members. In these circumstances, this Court is inclined to show some lenience against the petitioner. Accordingly, the conviction imposed by the trial Court as confirmed by the Appellate Court is hereby confirmed. However, considering the circumstances of the case, the sentence of imprisonment is modified to that of the period undergone by the petitioner. In all other respects including the fine amount, the impugned judgment stands confirmed. With above modification, the Criminal Revision Case is disposed of. ________________________ JUSTICE RAJA ELANGO Dated : 07.10.2010 sur