THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL REVISION CASE No.62 OF 2011
ORDER:
This revision is filed by the petitioner/accused challenging the Judgment of the V Additional Sessions Judge (II-FTC), Warangal, dated 05.01.2011, passed in Criminal Appeal No.161 of 2010, confirming the conviction imposed by the learned Assistant Sessions Judge to the extent of offence under Section 498-A of the Indian Penal Code.
2. Heard learned counsel for the revision petitioner and the learned Additional Public Prosecutor for the respondent-State. Perused the record.
3. The petitioner was prosecuted for the offence under Section 498-A and 306 of the Indian Penal Code.
4. Learned Assistant Sessions Judge convicted the petitioner for the offence under Section 498-A and 306 of the Indian Penal Code vide order dt.09.07.2010 in SC.No.285 of 2009.
5. On appeal, the learned Sessions Judge found that the petitioner was not guilty of the offence under Section 306 of the Indian Penal code and accordingly allowed the appeal in part confirming the Judgment of the learned Assistant Sessions 2 Judge to the extent of offence under Section 498-A of the Indian Penal Code by setting aside the Judgment to the extent of offence under Section 306 of the Indian Penal Code.
6. However, the conviction under Section 498-A of the Indian Penal Code was confirmed and the petitioner/accused was sentenced to two years rigorous imprisonment.
7. Without going into the facts of the case, learned counsel for the petitioner/accused submits that the revision petitioner is almost 70 years, now, and suffering from several ailments.
8. Keeping in view the medical condition of the revision petitioner/accused, this court deems it appropriate to reduce the sentence of imprisonment of the petitioner to the period already undergone.
9. Accordingly, the Criminal Revision Case is partly allowed.
Miscellaneous Petitions, if any, pending, shall also stand closed.
__________________ K.SURENDER, J Date: 24.11.2022 tk 3 THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL REVISION CASE No.62 OF 2011 Dt. 24.11.2022 tk