KANJI SHIVAJI THAKOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE . Shri L.B. Dabhi, learned APP waives service of notice of rule on behalf of the respondent-State.

(2.) IN the facts and circumstances of the case, the present application is taken up for final hearing today.

(3.) BEING aggrieved and dissatisfied with the judgment and order of conviction and sentence dated 25/09/2003 passed by the learned Additional Sessions Judge, Fast Track Court, Deesa in Sessions Case No. 102/2000 convicting the applicants- original appellants-original accused for the offence punishable under Sections 307, 320 and 114 of the Indian Penal Code and sentencing the applicants-original appellants-original accused to undergo 10 years R.I. with fine of Rs. 3,000/- (each) and in default to undergo further six months R.I. the applicants- original appellants-original accused preferred Criminal Appeal No. 1206/2003, which came to be partly allowed so far as sentence is concerned and by judgment and order dated 23/04/2008 the Division Bench of this Court confirmed the judgment and order of conviction passed by this Court however reduced the sentence from 10 years R.I. to 6 years R.I. and enhanced the fine to Rs.15,000/- (qua each of the applicants-original accused) and in default to undergo further period of one year R.I. Pursuant to the aforesaid judgment and order passed by this Court, as such the applicants-original appellants-original accused were required to deposit the fine of Rs.15,000/- (qua each of the applicants) within a period of two months from 23/04/2008 and it was directed that on such deposit the said amount be paid to the victim named Dajaji Kacharaji on proper identification and verification by an account payee cheque. It appears that the applicants-original appellants-original accused have not deposited the amount of Rs.15,000/- (each), which the respective applicants were required to deposit within a period of two months from 23/04/2008. Hence, the applicants-original appellants-original accused have preferred the present application for extension of time to deposit the amount of Rs.15,000/- (each) so that on deposit of the same, the applicants-original appellants-original accused may not have to undergo the default punishment.