Davuluri Sudheer v. The State Of A.P.,

HON'BLE SRI JUSTICE U.DURGA PRASAD RAO CRIMINAL REVISION CASE No. 551 of 2018 O R D E R:

This Criminal Revision Case is filed by the petitioner/accused under Sections 397 & 401 of Cr.P.C., aggrieved by the judgment dated 20.02.2018 in Criminal Appeal No. 489 of 2016 passed by the XI Additional District and Sessions Judge, Tenali, confirming the conviction and sentence passed in CC No. 80 of 2013 by the Additional Junior Civil Judge, Repalle against the petitioner/accused for the offence under Section 286 IPC. The petitioner was convicted and sentenced for Simple Imprisonment for a period of one month and directed to pay fine of Rs. 1,000/- for the said offence.

2.

Heard learned counsel for petitioner/accused and learned Additional Public Prosecutor.

3.

The submission of learned counsel for petitioner is that the petitioner was not involved in any similar type of offence and he has been in jail since last 18 days and considering these aspects the punishment imposed by the Courts below may be modified.

4.

Learned Additional Public Prosecutor left the matter to the discretion of the Court.

5.

Considering that no cases of this nature were filed against the petitioner and also considering that the petitioner has been in jail, the Criminal Revision Case is partly allowed while sustaining the conviction passed against him by the Courts below for the offence under Section 286 IPC, the sentence is modified and the substantial sentence of imprisonment is reduced to the extent of the period of sentence undergone by him. The fine amount imposed shall hold good. 6.

As a sequel there to, miscellaneous applications, pending if any, shall stand closed.

_________________________ U.DURGA PRASAD RAO, J Date: 07.03.2018 KA Note: Furnish copy today.