THE HONOURABLE SRI JUSTICE D.RAMESH
CRIMINAL REVISION CASE NO.212 of 2021 ORDER:-
This criminal revision case under Section 397 & 401 of Criminal Procedure Code, 1973 (for short "Cr.P.C") is filed challenging the judgment, dated 31.10.2019 passed in criminal appeal No.192 of 2019 passed by learned V Additional Sessions Judge, Tirupati, confirming the conviction and sentence, dated 30.11.2018 passed in S.C.No.175 of 2018, whereby the petitioner/A2 was convicted under Section 235(2) of Cr.P.C. for the offences punishable under Sections 20(1)(d)(i) of the Andhra Pradesh Forest Act, 1967, and Sections 29(4)(a)(i) of the Andhra Pradesh Forest Act, 1967 and sentenced to undergo simple imprisonment for a period of five years and to pay a fine of Rs.3,00,000/- (Rupees three lakhs only), in default, to undergo simple imprisonment for a period of one year, for each offence and further he was sentenced to undergo simple imprisonment for a period of one year for the offence under Section 379 of the Indian Penal Code, 1860.
2. Though several grounds are raised in the revision, learned counsel for the petitioner submitted that petitioner has completed the sentence imposed by the trial Court on 30.11.2018 and he is undergoing default imprisonment as he failed to pay the fine amount due to poor financial condition. Hence, prays to set aside the fine amount.
3. Learned Assistant Public Prosecutor on instructions has conceded that petitioner has completed the sentence imposed by the trial Court in its order, dated 30.11.2018. 2
4. Considering the submissions of learned counsel on either side and to meet ends of justice, this Court deems it appropriate to suspend fine amount.
5. Accordingly, this criminal revision case is allowed in part by modifying the judgment dated 30.11.2018 passed in S.C.No.175 of 2018 by learned Principal Assistant Sessions Judge, Tirupathi, by setting aside the imposition of fine amount of Rs.6,00,000/- (Rs.3,00,000/- for each offence), while confirming the conviction and sentence.
Consequently, miscellaneous applications pending, if any, shall stand closed.
_____________________ JUSTICE D.RAMESH Date: 06.01.2022 Note: Furnish C.C. today B/o ikn 3 THE HONOURABLE SRI JUSTICE D.RAMESH CRIMINAL REVISION CASE NO.212 of 2021 06.01.2022 Ikn