THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.862 OF 2004 DATED 12th JULY, 2010. BETWEEN Challapalli Jagadeesh ..Petitioner/Accused and The State of A.P. ..Respondent/Complainant. THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.862 OF 2004 ORDER: This Criminal Revision Case under sections 397 and 401 of the Code of Criminal Procedure is filed by the petitioner- accused against the judgment, dated 15.04.2004, rendered in Criminal Appeal No.55 of 2002 by the I Additional Sessions Judge, Rajahmundry, confirming the judgment of conviction and sentence passed in C.C.No.154 of 1997 by the II Additional Judicial First Class Magistrate, Rajahmundry, in which the petitioner was convicted under section 255 (2) of the Code of Criminal Procedure and sentenced to undergo rigorous imprisonment for two years and one year for the offence punishable under sections 304A and 338 of Indian Penal Code respectively, which shall run concurrently, and was also sentenced to pay a fine of Rs.300/- for the offence punishable under section 337 of Indian Penal Code. Heard. After arguing for sometime, the learned counsel for the petitioner submitted that he is not pressing the main prayer, confined his arguments to the extent of imposition of sentence and requested the Court to show some indulgence on the petitioner. In view of the said submission, this Court is of the view that merits of the Prosecution case and impugned judgment need not be adjudicated. Admittedly, the crime occurred in the year 1997 and for all these years the petitioner suffered humiliation and also stigma in the society. It is represented that the petitioner is the sole breadwinner of his family and has to look after the welfare his wife and children. In these circumstances, this Court is inclined to show some lenience against the petitioner. Accordingly, the conviction imposed by the trial Court as confirmed by the Appellate Court is hereby confirmed. However, considering the circumstances of the case, the sentence imposed on the petitioner-accused is hereby modified sentencing him to undergo simple imprisonment for a period of one month and also to pay a fine of Rs.1,000/-. Learned counsel for the petitioner submitted that the petitioner has already undergone imprisonment for one month. As such, the period of imprisonment undergone by the petitioner shall be given set off as against the imprisonment imposed by this Court. The fine amount now imposed by this Court on the petitioner is in addition to the fine amount imposed by the trial Court and the same shall be paid within a period of one month from the date of receipt of a copy of this order. The remaining portion of the impugned judgment shall stand unchanged With above modification, the Criminal Revision Case is disposed of. ________________________ JUSTICE RAJA ELANGO Dated : 12.07.2010 sur