THE HON’BLE SRI JUSTICE GOPALAKRISHNA TAMADA CRIMINAL REVISION CASE No.1864 of 2010 DATED: 08-10-2010 ORDER: This Criminal Revision Case is filed by the petitioners questioning the judgment, dated 30-07-2010, in Crl.A.No.135 of 2010 passed by the learned Additional District & Sessions Judge, Gudivada, Krishna District, confirming the judgment, dated 28-05-2010, in C.C.No.275 of 2010 passed by the learned Judicial Magistrate of First Class, Kaikalur. 2. Petitioners herein are accused in Cr.No.31 of 2010 registered for the offences punishable under Sections 379 and 411 IPC. The Sub-Inspector of Police, Kaikalur, after completion of investigation, filed charge sheet and the same was numbered as C.C.No.275 of 2010 before the learned Judicial Magistrate of First Class, Kaikalur. 3. During the course of trial, P.Ws.1 to 5 were examined and Exs.P1 to P8 were marked on behalf of the prosecution. No oral or documentary evidence was adduced on behalf of the defence. M.Os.1 and 2 were marked. 4. Having analyzed the said evidence, the learned Magistrate found the petitioners herein not guilty of the offence punishable under Section 379 IPC, however found them guilty of the offence punishable under Section 411 IPC and accordingly sentenced A1 to undergo rigorous imprisonment for a period of one year and A2 to undergo simple imprisonment for a period of one year. Aggrieved thereby, Crl.A.No.135 of 2010 was filed and the same was dismissed. Hence, the present revision. 5. Heard both sides. Perused the record. 6. Learned counsel for the petitioners fairly conceded that it is not a fit case for interference, however requested this Court to take a lenient view having regard to the fact that the petitioners were in jail from 28-05-2010. Learned Additional Public Prosecutor also admitted the said fact. 7. From the above, it is clear that the petitioners are in jail for about five months. As the sentence imposed by the Court below is one year and as the petitioners have already undergone a sentence of about five months, a lenient view can be taken by reducing the said sentence to that of the period already undergone by them. 8. Accordingly, the sentence of rigorous imprisonment of one year imposed against the 1st petitioner–Takur Ravindra Singh @ Munna, S/o Bansi Singh; and the sentence of simple imprisonment of one year imposed against the 2nd petitioner-Akula Anandababu @ Babi @ Anand, S/o Venkateswararao by the learned Judicial Magistrate of First Class, Kaikalur in C.C.No.275 of 2010, vide judgment, dated 28-05-2010, and as confirmed by the learned Additional District & Sessions Judge, Gudivada in Crl.A.No.135 of 2010, vide judgment, dated 30-07-2010, is reduced to that of the period already undergone by them. Petitioners are directed to be set at liberty forthwith if not required in any other crime. Except the above modification in all other aspects the revision is dismissed. _______________________________ GOPALA KRISHNA TAMADA,J 08th October, 2010. Tsy