Telangana High Court
CRLA/1499/2008 of Gama Yadav, (A-1) Vs State of AP., on 30 December 2010
SRI JUSTICE RAJA ELANGO CRIMINAL APPEAL No.1499 OF 2008 DATED 30th DECEMBER, 2010. BETWEEN : Gama Yadav & another .. Appellants- A .1 & A .2 and The State of A.P. ..Respondent THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL APPEAL No.1499 OF 2008 JUDGMENT: Present appeal is filed
THE HONOURABLE SRI JUSTICE RAJA ELANGOCRIMINAL APPEAL No.1499 OF 2008
DATED 30[th] DECEMBER, 2010.
BETWEEN :
Gama Yadav & another
.. Appellants-A.1 & A.2
and
The State of A.P.
..Respondent
THE HONOURABLE SRI JUSTICE RAJA ELANGOCRIMINAL APPEAL No.1499 OF 2008
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
JUDGMENT:
Present appeal is filed by the appellants-A.1 & A.2 challengingthe judgment of conviction and sentence passed by the learnedSpecial Judge for Trial of Cases Under N.D.P.S. Act, 1985 (IAdditional Sessions Judge) at Khammam in Sessions Case No.5 of2008 on 02.12.2008 wherein the learned Sessions Judge convictedthe appellants under Section 235 Cr.P.C. for the offence under Section8 (c) read with 20 (b) of N.D.P.S. Act and sentenced to undergorigorous imprisonment for four years each and to pay fine of Rs.200/-,in default to suffer one month imprisonment each.
Heard.
After arguing for some time, the learned counsel for theappellants confined his arguments only in connection with question ofsentence and requested this Court to take a lenient view against theappellants in imposition of sentence. He further submits that theappellants have already suffered 3 years of imprisonment.
In view of the said submission, this Court is of the view thatmerits of the impugned judgment need not be adjudicated.
Admittedly, the crime occurred in the year 2007 and for all these years the appellants suffered humiliation and also stigma in thesociety. Out of four years of imprisonment imposed by the trial Court,appellants have already suffered 3 years. Considering thesecircumstances, this Court is inclined to take a lenient view against theappellants in imposition of sentence.
In the result, the conviction imposed on the appellants-A.1 & A.2by the learned Special Judge For Trial of Cases under N.D.P.S. Act,1985 (I Additional Sessions Judge) at Khammam, in Sessions CaseNo.5 of 2008 on 02.12.2008 for the offence under Section 8 (c) readwith 20 (b) of N.D.P.S. Act is hereby confirmed. However, thesentence of imprisonment imposed on the appellants is reduced fromfour years to three years. The period of detention already suffered bythe appellants is directed to be given set off under Section 428 of theCode of Criminal Procedure. Fine amount imposed by the learnedSessions Judge is not interfered with. Appellants shall be releasedafter serving the sentence, if they are not required in any other case. Remaining portion of the impugned judgment shall stand unaltered.
With above modification, the Criminal Appeal is disposed of.
Dated : 30.12.2010sur
________________________
JUSTICE RAJA ELANGO