THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.463 OF 2005 DATED 3rd DECEMBER, 2010. BETWEEN : Sk.Fathimun & another .. Petitioners- A.1 and A.2 and The State of A.P. ..Respondent THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.463 OF 2005 ORDER: This Criminal Revision Case under Sections 397, 401 and 407 of the Code of Criminal Procedure (for short ‘Cr.P.C.’) is filed by the petitioners-A.1 & A.2 challenging the judgment, dated 10.03.2005, passed by the V Additional District & Sessions Judge (FTC), Guntur, in Criminal Appeal No.483 of 2002. Initially, the petitioners-accused were prosecuted in C.C.No.714 of 2000 by the I Additional Munsif Magistrate, Narsaraopet, wherein the learned Magistrate convicted the accused under Section 248 (2) Cr.P.C. for the offence punishable under Section 498A of Indian Penal Code (for short ‘IPC’) and sentenced them to undergo rigorous imprisonment for six months and to pay a fine of Rs.2,500/- each, in default to suffer simple imprisonment for one month each. Challenging the same, petitioners filed Criminal Appeal No.483 of 2002. The learned Sessions Judge dismissed the criminal appeal confirming the sentence and conviction passed by the trial Judge. Aggrieved by the same, petitioners-accused filed the present revision. Heard. The main grievance of the revision petitioners is that P.Ws 1 to 5 were examined by the trial Court and the petitioners-appellants were not given an opportunity to cross examine those witnesses. It is reflected in the grounds of appeal filed before the first appellate Court, still there is no finding in connection with non-examination of the witnesses concerned in the impugned judgment. After arguing for sometime, the learned counsel for the petitioners confined his arguments only to the extent of imposition of sentence. Considering the facts and circumstances of the case and pendency of the case for a long period, this Court is of the view that some leniency can be shown against the petitioner. Therefore, the conviction imposed on the petitioners by the trial Court and as confirmed by the appellate Court is hereby confirmed and sentence of imprisonment is set aside and the fine amount imposed on the petitioners is not interfered with. With above modification, the Criminal Revision Case is disposed of. ________________________ JUSTICE RAJA ELANGO Dated : 03.12.2010 sur