DIKSHIT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This Criminal Revision Application is preferred by the petitioners - accused Nos.1 and 3, challenging their judgment of conviction and order of sentence passed by the 05 th Additional Chief Judicial Magistrate, Anand, dtd. 16/5/2017 rendered in Criminal Case No.41 of 2015, whereby both the petitioners - accused came to be convicted for an offence under Ss. 323 read with 114 of the Indian Penal Code (for short " IPC ") and ordered to undergo 06 months' simple imprisonment with a fine of Rs.1,000.00 each and in default of payment of fine, they were ordered to further undergo 1 month's simple imprisonment. Over and above that, both the petitioners - accused were convicted for an offence under Ss. 325 read with 114 of " IPC " and ordered to undergo 01 month's simple imprisonment with a fine of Rs.2,000.00 each and in default of payment of fine, they were ordered to undergo further 01 month's simple imprisonment.

(2.) The said judgment of conviction, though confirmed but order of sentence is partly modified by the Appellate Court being 02nd Additional Sessions Judge, Anand, vide judgment and order dtd. 9/4/2018 in Criminal Appeal No.61 of 2017, whereby the sentence imposed for an offence under Sec. 325 of " IPC " is reduced and the petitioners - accused were ordered to undergo 02 years' simple imprisonment, instead of 03 years' imprisonment and rest of the order is not interfered with by the Appellate Court.

(3.) Against both the judgment and order, present Revision Application is filed by the petitioners - accused; however, during the pendency of this Revision Application, it is reported that matter is settled between the parties.