THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL APPEAL No.1132 OF 2004 DATED 8th DECEMBER, 2010. BETWEEN : Rangula Krishna @ Rangoon Krishna ..Appellant-accused and The State of A.P. & another ..Respondents THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL APPEAL No.1132 OF 2004 JUDGMENT: This is an appeal arising out of conviction and sentence imposed on the appellant-accused in Sessions Case No.78 of 2003 by the learned VIII Additional District & Sessions Judge (Fast Track Court), Vijayawada, by judgment dated 27.08.2003 wherein he convicted the accused under Section 235 (2) Cr.P.C. and sentenced him to undergo rigorous imprisonment for five years for the offence punishable under Section 307 of Indian Penal Code (for short ‘IPC’). The allegations levelled against the appellant are that on 12.12.2003 at about 2030 hours while the complainant was returning from the railway station from East booking office side after giving send off to his relatives and proceeding towards clock tower to board an auto, the accused came across him and demanded money for consuming alcohol. When the complainant refused to give the amount, there was an exchange of words during which accused picked out a knife from his waist and when he is about to scuffle, P.W.1 resisted the same with his left hand and then accused stabbed him on his left hand and also on his right cheek. When P.W.1 raised alarm, accused absconded from the scene. Hence, the case. In order to prove its case Prosecution got examined PWs 1 to 6 and marked Exs.P.1 to P.4. When examined under Section 313 Cr.P.C. accused denied the incriminating circumstances read over to him and he did not choose to adduce any oral or documentary evidence on his behalf. After evaluating the entire evidence on record, the learned Sessions Judge convicted the accused as stated above. Heard. After arguing for sometime, the learned counsel for the appellant confined his arguments only to the extent of imposition of sentence and prayed this Court to show some indulgence on the appellant. He further submitted that the injured suffered only one simple injury. In view of the said submission of the learned counsel for the appellant, the merits and demerits of the prosecution case and impugned judgment need not be adjudicated now. Taking into consideration the submissions of the learned counsel for the appellant, long pendency of the case and the injury sustained by the injured, this Court is of the view that some lenience can be shown towards the appellant. Accordingly, the conviction imposed by the Sessions Judge is hereby confirmed. However, the sentence of imprisonment imposed on the appellant is hereby reduced to that of the period already undergone by him in prison. The remaining portion of the impugned judgment including fine amount imposed shall stand unchanged. With above modification, the Criminal Appeal is disposed of. ________________________ JUSTICE RAJA ELANGO Dated : 08.12.2010 sur