HARIJAN VAGHABHAI SIDIBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present Criminal Revision Application is directed against judgment and order dated 23.08.2002 passed by learned Additional Sessions Judge, Veraval, in Criminal Appeal No. 35 of 2001 which was filed by five appellantsoriginal accused.

(2.) LEARNED Assistant Sessions Judge, Amreli, convicted all the accused persons by his judgment and order dated 16.05.1988 for the offences punishable under Sections 147, 148, 307 read with Section 149 and for the offences under Sections 323, 325 read with Section 149 of the Indian Penal Code, 1860. The conviction and sentence recorded by the Trial Court came to be modified by the Lower Appellate Court. Applicant No.1accused No.3, as well as applicant No.2accused No.4 came to be convicted for the offences under Sections 147, 148, 307, 325, IPC read with Section 149, IPC, and came to be sentenced to undergo rigorous imprisonment for 1 year and to pay fine of Rs.500/ and in default of payment of fine, to undergo simple imprisonment for further 3(three) months.

(3.) TODAY , when the matter came up for consideration, learned advocate Mr. H. R. Prajapati for the applicants stated that the parties have buried their disputes and a settlement is arrived at. A xerox copy of settlement dated 13.12.2002 signed/thumb impressed/duly identified, as well as a copy of letter of pardon given by the applicantsaccused, were produced on record. Learned advocate, today in course of submission, produced on record original copies of the said settlement and pardon letter which are taken on record.