THE HON'BLE SRI JUSTICE GOPALAKRISHNA TAMADA CRIMINAL REVISION CASE No.250 of 2001 BETWEEN: 1. Mohd. Abdul Subhan, S/o. Mohd. Sarwar Ali, H.No.11-22-819, L.B. Nagar, Warangal, and others. PETITIONERS AND 1. The state of A.P. through S.H.O. of P.S. Inthesargunj, Warangal, rep by P.P. 2. State of A.P. rep. by Public Prosecutor, High Court of A.P. Hyderabad. RESPONDENTS Counsel for the petitioner: Sri T. Jagadish Counsel for the respondents: Additional Public Prosecutor The Court made the following order: ORDER: The petitioners/A.1 to A.3 were tried by the I Additional Judicial Magistrate of First Class, Warangal in C.C.No.312 of 1998 for the offences punishable under Sections 448, 427, 324, 506 read with Section 34 of IPC. Brief facts of the case are that on 30.05.1998 at about 7 a.m. A.1 to A.3 went to the shop cum residence of PW.1, broken the shutter with crowbars, dismantled the wall and tried to occupy the premises illegally. When PWs.1 and 2 intervened, the accused beat them because of which they sustained injuries. The incident was witnessed by PWs.3 to 5. PW.1 gave a complaint to the police on the same day. The police on registering the case, investigated into the matter and filed charge sheet against all the accused for the above referred offences. During the course of trial, the prosecution examined PWs.1 to 9 and marked Exs.P.1 to P.6. Having analyzed the said evidence, the learned Magistrate came to the conclusion that the accused are guilty of the offences referred to above and accordingly sentenced them as follows. “A.1 to A.3 to pay a fine of Rs.500/- each for the offence under Section 448 IPC; A.1 to A.3 to pay a fine of Rs.500/- each for the offence under Section 427 IPC; and A.1 to A.3 to suffer simple imprisonment for a period of three months each for the offence under Section 506 read with Section 34 IPC.” As against the same, the petitioners approached the Sessions Judge, Warangal and filed Criminal Appeal No.23 of 2000. The learned Sessions Judge while modifying the judgment of the trial Court passed the following order. “The appeal is partly allowed and the conviction of the appellants under Section 448, 427 IPC are confirmed and the sentence of fine imposed under the above sections are also confirmed. While so, the conviction of 1st and 3rd appellants under Section 324 IPC is set aside and they are acquitted for the offence under Section 324 IPC. Whereas the conviction of A.2 for the offence under Section 324 IPC is confirmed, but the sentence of three months imprisonment is converted to Rs.5000/- fine, in default to suffer simple imprisonment for three months.” Aggrieved by the same, the petitioners/accused filed the present revision. Heard learned counsel for the petitioners. Having considered the submissions made by the learned counsel for the petitioners and on going through the record, this Court is thoroughly satisfied that the appellate Court is justified in holding that the petitioners are guilty of the said offences. In fact, the appellate Court gave maximum relief i.e., modifying the sentence of three months imprisonment passed by the trial Court, to that of fine of Rs.5000/-. Hence I see no merit in the revision. Accordingly, the Criminal Revision Case is dismissed. _________________________ (GOPALAKRISHNA TAMADA, J.) 22nd July, 2010. Js.