ORDER:

This Criminal Revision Case, under Sections 397 and 401 of the Code of Criminal Procedure, 1973 (for short, ‘the Cr.P.C’), is filed by the petitioner, who was the appellant in Criminal Appeal No.11 of 2007, on the file of the Court of I Additional District and Sessions Judge, Srikakulam (for short, ‘the learned Additional Sessions Judge’), challenging the judgment therein, dated 13.11.2008, where under the learned Additional Sessions Judge, dismissed the Criminal Appeal, on merits, confirming the conviction under Section 325 of the Indian Penal Code, 1860 (for short, ‘the IPC’) in C.C. No.522 of 2003 (Old C.C. No.47 of 1999) on the file of the Court of Judicial Magistrate of First Class, Sompeta (for short, ‘the learned Magistrate’) by reducing the sentence of imprisonment to that of one year from two years but allowed the Appeal insofar as the offence under Section 323 IPC is concerned.

2. The parties to this Criminal Revision Case will hereinafter be referred to as arrayed before the trial Court, for the sake of convenience.

3. The case of the prosecution, in brief, in C.C. No.522 of 2003 (Old C.C. No.47 of 1999) pertaining to Crime No.133 of 1999 of Baruva Police Station is