2018 vs Unknown
2022 Latest Caselaw 87 AP

            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.

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

THE HONOURABLE SRI JUSTICE D.RAMESH

CRIMINAL REVISION CASE NO.212 of 2021

06.01.2022

Ikn