KANTILAL PRAGJIBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present appeal is filed by the accused challenging the judgment and order dated 22.07.1999 passed by the learned Sessions Judge, Vadodara in Atrocity Case No.108 of 1998 whereby the learned Sessions Judge has convicted the appellant accused for the offence punishable under section 342, 325, 452, 323, 384 of Indian Penal Code and also under section 3(1)(10) of the Atrocity Act.

(2.) Learned Judge has awarded simple imprisonment of six months and fine of Rs.100/- and in default Simple imprisonment for 7 days for the offence under section 342 of IPC; simple imprisonment of six months and fine of Rs.100/- and in default Simple imprisonment for 7 days for the offence under section 325 of IPC; simple imprisonment of six months and fine of Rs.200/- and in default Simple imprisonment for 7 days for the offence under section 452 of IPC; simple imprisonment of two months and fine of Rs.100/- and in default Simple imprisonment for 7 days for the offence under section 323 of IPC; simple imprisonment of six months and fine of Rs.200/- and in default Simple imprisonment for 15 days for the offence under section 384 of IPC; simple imprisonment of six months and fine of Rs.200/- and in default Simple imprisonment for 7 days for the offence under section 3(1)(10) of the Atrocities Act. Learned Judge has passed the judgment to run the sentence concurrently. Hence, this appeal.

(3.) When the appeal is taken up for hearing, it is submitted by Mr.Y.J.Patel, learned advocate for the appellants accused that incident took place long time back and as accused and original complainant are residing in the same village, with the intervention of the elder persons, matter is settled between the parties and so he requested the Court to allow them to compound the offence qua under section 342, 325, 323 of Indian Penal Code. It is submitted by the learned advocate for the appellant accused that said offence are compoundable. He has produced on record affidavit of original complainant, which is directed to be taken on record. In view of above, permission is granted to compound the offence punishable under section 342, 325, 323 of Indian Penal Code. Hence, appellant accused are acquitted for the said offence.