HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No. 774 OF 2004 DATED 30th JUNE, 2010. BETWEEN Kurva Bala Ramudu …..Petitioner/Accused and The State of AP, Rep. By its Public Prosecutor …Respondent HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No. 774 OF 2004 ORDER: This Criminal Revision Case under Sections 397 and 401 of the Cr.P.C. is ﬁled aggrieved by the judgment dated 16.3.2004 passed in Criminal Appeal No. 198 of 1999 by the learned III Additional Sessions Judge, Gadwal, Mahaboobnagar District, conﬁrming the conviction and sentence recorded against the petitioner/Accused for the oﬀence punishable under Section 332 IPC in the order dated 2.12.1999 in C.C.No. 103 of 1999 by the learned Judicial Magistrate of First Class, Gadwal, Mahaboonagar District.. Brief facts of the prosecution case are that on 30-5-1999 at about 6.00 PM, the complainant, who was working as Mandal Surveyor of Maldakal Mandal, gave a complaint to MRO, Maldakal Mandal, reporting that as per the orders of the MRO dated 14.5.1999, he and Kavalkars while surveying the land in the limits of Saddalonipally village in Sy.Nos.333 and 336 and ﬁxing the boundary stones, the accused obstructed them from doing their lawful duties and beat Arva Hanmanthu, talari with a spade and caused an injury. Based on the same, the police registered a case in Crime No. 18 of 1999 under Section 332 IPC and investigated into. After ﬁling the charge sheet, the trial Court took the cognisance of the case for the offence under Section 332 IPC. The trial Court on a full-ﬂedged trial and appreciation of the evidence on record found the accused guilty of the oﬀence punishable under Section 332 IPC, and accordingly convicted and sentenced him to undergo S.I. for one year to pay a ﬁne of Rs.1000/-, in default to suﬀer S.I. for three months. On appeal being Criminal Appeal. No. 198 of 1999 preferred by the petitioner/accused, the lower Appellate Court, on appreciation of the evidence on record, dismissed the appeal conﬁrming the conviction and sentence recorded by the trial Court. Hence this revision. It is needles to state that the powers of the High Court in exercising its jurisdiction under Sections 397 and 401 of Cr.P.C. are truncated and unless the ﬁnding recorded by the Court below is shown to be perverse or incorrect or illegal or not based on any evidence on record, the judgment under challenge needs interference. In the present case, on a perusal of the evidence available on record and on hearing the learned Counsel appearing on either side, this Court ﬁnds no illegality or irregularity or perversity in the ﬁndings recorded by the Court below so as to interfere with the same. However, the learned Counsel for the petitioner conﬁning his argument to the inﬂicting of the sentence, submitted that the petitioner has suﬀered a stigma of conviction in the society; that the incident took place in a spur of moment; that after lapse of twelve years of the incident, if the petitioner is sent to judicial custody, the same may cause prejudice to him and that the petitioner is now aged about 35 years, and he has to look after his family members as he being the breadwinner. Hence, the learned Counsel submitted that the petitioner can be shown some lenience insofar as the sentence ordered by the Court below is concerned. As there is no serious objection from the side of the learned Public Prosecutor, this Court, considering the facts and circumstances of the case, evidence available on record, and submission of the learned Counsel for the petitioner, thought it ﬁt to show some lenience on the petitioner. Considering the same, the conviction recorded by the Courts below is conﬁrmed, however, sentence recorded against the petitioner/accused is set aside and in its place, the petitioner is directed to pay a ﬁne of Rs.2,000/- apart from the ﬁne amount already imposed by the Courts below, within a period of four weeks from the date of copy of this order is made ready. Subject to the above modiﬁcation in sentence, the Criminal Revision Case is disposed of. ----------------------------------- JUSTICE RAJA ELANGO DATED 30th JUNE, 2010. Msnr.