Telangana High Court
CRLRC/1926/2006 of K.Sundar, Vs The State of A.P., on 28 December 2012
SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.1926 OF 2006 DATED 28th DECEMBER, 2012. BETWEEN : 1) K.Sundar Rajan 2) V.Naveen Kumar .. Petitioners-accused and State of A.P. ..Respondent THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.1926 OF 2006 ORDER: Petitioners- A
THE HONOURABLE SRI JUSTICE RAJA ELANGOCRIMINAL REVISION CASE No.1926 OF 2006DATED 28[th] DECEMBER, 2012.
BETWEEN :
1) K.Sundar Rajan2) V.Naveen Kumar
.. Petitioners-accused
and
State of A.P.
..Respondent
THE HONOURABLE SRI JUSTICE RAJA ELANGOCRIMINAL REVISION CASE No.1926 OF 2006
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ORDER:
Petitioners-A.1 and A.2 filed this Criminal Revision Case byinvoking the provision under Sections 397 and 401 of the CriminalProcedure Code (in short ‘Cr.P.C.’) being aggrieved by the judgmentdated 22.11.2006 rendered in Criminal Appeal No.81 of 2003 by theDistrict and Sessions Judge, Chittoor.
Initially, petitioners were prosecuted in C.C.No.44 of 2002 by theSpecial Judicial Magistrate of First Class for Excise, Chittoor, whereinvide judgment dated 28.03.2003 they were convicted under Section248 (2) Cr.P.C. for the offence punishable under Section 8 (b) of A.P.Prohibition Act (in short ‘A.P.P. Act’) and sentenced to undergorigorous imprisonment for three years each and also to pay fine ofRs.5,000/- each. Challenging the same, petitioners preferred CriminalAppeal No.81 of 2003.
While dismissing the said appeal, the learned Appellate Judgeconfirmed the conviction and sentence imposed by the trial Court. Aggrieved over the same, present revision has been preferred.
Heard the learned counsel for the petitioners and also perused the entire material on record.
Allegations against the accused are of indulging in illegaltransportation of arrack.
This is a case where both the Courts below gave concurrentfindings against the accused by adducing reasons and the prosecutionis also able to prove its case with the oral evidence of PWs 1 to 6 anddocumentary evidence of Exs.P.1 to P.4. Hence, this Court is notinclined to interfere with the conviction imposed on the revisionpetitioners. However, considering the facts and circumstances of thecase, the sentence of imprisonment imposed on the revisionpetitioners is hereby reduced to that of the period already undergoneby them in prison. Further, the petitioners shall pay an additional fineamount of Rs.15,000/- (Rupees Fifteen Thousands only) each beforethe trial Court on or before 20.03.2013, failing which the petitionersshall suffer simple imprisonment for three months each.
The remaining portion of the impugned judgment shall standunchanged.
Accordingly, the Criminal Revision Case is disposed of.
Miscellaneous petitions filed in this revision, if any, shall standclosed.
________________________
JUSTICE RAJA ELANGO
Date : 28.12.2012sur