IN THE HIGH COURT OF JUDICATURE ANDHRA PRADESH AT HYDERABAD THURSDAY THE TWENTYEIGHT DAY OF OCTOBER TWO THOUSAND AND TEN PRESENT: THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No. 305 of 2005 Between: Challa Bujji Babu … Petitioner V/s. State of Andhra Pradesh, Represented by its Public Prosecutor, High Court of A.P. Hyderabad … Respondent Counsel for the Petitioner : Sri Ch. Ravindra Babu Counsel for the Respondent : Addl. Public Prosecutor THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION No. 305 OF 2005 O R D E R : This Criminal Revision is directed against the conviction and sentence passed by the I-Additional Sessions Judge, Guntur, in Criminal Appeal No. 1 of 2004 dated 15-2-2005 confirming the conviction and sentence inflicted by the First Additional Judicial Magistrate of First Class, Bapatla, in CC.No. 100 of 2003 dated 03-12-2003. 2. The petitioner was tried for the offence punishable under section 326 of IPC. On appreciation of oral and documentary evidence placed on record, the learned I-Additional Judicial Magistrate of First Class, Bapatla, found the petitioner guilty for the offence punishable under section 326 of IPC and sentenced to undergo Rigorous Imprisonment for a period of three years and to pay a fine of Rs.5,000/- in default to suffer one year simple imprisonment and further directed that out of the fine amount of Rs.5000/-, an amount of Rs.4000/- ordered to be paid to PW-1 Boddukuri Kalyanababu under section 357 of Cr.P.C. after lapse of appeal time. On appeal, the I-Additional Sessions Judge, Guntur on re- appreciation of the oral and documentary evidence placed on record confirmed the conviction and sentence inflicted by the learned Magistrate as stated hereinabove. Challenging the same, the present Criminal Revision is filed. 3. At the hearing, the learned counsel for the petitioner submitted that both the courts below have concurrently held against the petitioner and he confine his arguments only with regard to the quantum of sentence and prayed this court to take a lenient view . 4. Heard the learned counsel for the petitioner and the learned Addl.Public Prosecutor representing the State. This Court perused the oral and documentary evidence placed on record. 5. It is evident from the record that both the courts below have concurrently held against the petitioner and there are no reasonable grounds to interfere with the concurrent findings passed by the courts below. Considering the facts and circumstances and taking into consideration the submissions made by the learned counsel for the petitioner, this Court is of the view that the conviction inflicted by both the courts below are confirmed but the sentence of imprisonment for the offence under section 326 of IPC is converted to payment of fine. The petitioner is convicted and sentenced to pay a fine of Rs.15,000/- (Rs. Fifteen thousand only) for the offence under section 326 of IPC in addition to the fine amount which he already paid in the trial court, in default of payment of fine of Rs.15,000/- the petitioner shall suffer rigorous imprisonment for three months. The said fine amount of Rs.15,000/- (Rs. Fifteen thousand only) for the offence under section 326 of IPC shall be deposited by the petitioner in the trial court within a period of six weeks from the date of receipt of a copy of this order. On such deposit of Rs.15,000/-, the trial Court is directed to pay the said amount to the defacto complainant, PW-1 Boddukuri Kalyana Babu, without furnishing any security. 6. Subject to the above modification in the sentence, the Criminal Revision Case is disposed of. ______________________ JUSTICE RAJA ELANGO. 28-10-2010 I s L THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No. 305 OF 2005 Circulation Entry No. 82 Date: 28-10-2010 Computer No. 43 Court Master: I s L