STATE OF GUJARAT Vs. DINESHBHAI MOHANBHAI MALI

JUDGEMENT

(1.) Original accused No.3-Dinesh Mohanbhai Mali has preferred Criminal Appeal No.751 of 1998 against judgment and order dated 14.07.1998 passed by the learned Sessions Judge, Surat in Sessions Case No.143 of 1989.

(2.) The case of the prosecution is that on 04.11.1998 at about 9:45 in the morning, all accused had come together with intention to kill at the 'Hari' nursery of the complainant side situated near PunaKumbhaniya village and quarreled with them. They attacked Ishwarbhai and Mansukhbhai. Deceased accused No.1-Mohanbhai caught hold of Mansukhbhai and also threw stone on the complainant, accused No.2 gave stick blows and accused No.3 gave 'Dhariya' blow to Ishwarbhai. All the accused were therefore charged for offences under Sections 307, 326, 325, 323, 504 and 114 of the Indian Penal Code. The appellants-accused have pleaded not guilty and claimed to be tried.

(3.) Learned Advocate Mr.Surti for the appellants fairly submitted that though this is a case of offence under Section 307, as both sides are relatives-cousin brothers, instead of arguing the matter on merits, some compensation may be ordered to be paid to the other side. He, however, submitted that this should not mean that the appellants are conceding of committing any offence. It is just to save judicial time of the Court. He relied on a judgment of Division Bench of this Court in Criminal Appeal No.977 of 1988 dated 07.10.2009, wherein one of us (K.S.Jhaveri, J.) was a party, wherein similar view was taken.