THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.1829 of 2004 ORDER: 1 The petitioner herein was tried as accused in C.C.No.174 of 2000 for the offence punishable under section 324 of IPC by the learned II Additional Judicial Magistrate of I class, Khammam. The Magistrate having assessed the entire evidence both oral and documentary, found the petitioner guilty of the said offence and accordingly sentenced him to undergo rigorous imprisonment for a period of six months. As against the said judgment dated 10.06.2002, the petitioner preferred Criminal Appeal No.65 of 2002 and the learned IV Additional Sessions Judge, Fast Track Court, Khammam, by his judgment dated 15.10.2004 while concurring with the said finding given by the learned Magistrate, however, reduced the said sentence of one year rigorous imprisonment to that of four and half months. Questioning the same the accused before the trial court preferred this revision. 2 Brief facts that led to the filing of the present revision are that on 13.03.2000 at 4.30 PM while PW.1 was going to his field to bring a piece of wood, after passing old Church of S.C. Colony, near Chakkabanda, his cousin Shaik Saida i.e petitioner herein came in his opposite direction with green grass. Then P.W.1 him why the babul tree branches were cut. Then immediately the petitioner, keeping in mind the previous disputes, picked up a quarrel with P.W.1 and beat him with a sickle on the head and left hand of P.W.1 and caused injuries. In that connection the Chinthakani police registered a case in Cr.No.17 of 2000 under section 324 of IPC and investigated into and after completion of investigation, the police filed the charge sheet against the petitioner herein for the offence punishable under section 324 of IPC. 3 Heard both sides. 4 The learned counsel for the petitioner submitted that this is not a fit case for interference, but, however, he requested the court to take a lenient view in so far as the sentence of imprisonment is concerned. 5 Having regard to the submissions made by the learned counsel for the petitioner this court looked into the record. The appellate court dismissed the appeal on 15.10.2004 and the petitioner was taken into custody immediately. It is only after the revision was admitted and bail was granted by this court on 25.10.2004, the petitioner was released on bail. So the petitioner is in jail for a period of ten days. In that view of the matter, since the offence for which the petitioner was convicted and sentenced was only under section 324 of IPC, which took place in the year 2000, and as the petitioner was in jail for a period of ten days, this court takes a lenient view and reducing the said sentence of rigorous imprisonment of four and half months, as modified by the appellate court, to that of the period, which the petitioner had already undergone. 5. Excepting the above modification, this revision in all other aspects is dismissed. -------------- 28.01.2011 Kvsn