DASHRATHSINH MANGUBHA RANA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Challenge in these appeals is given to the judgment and order of conviction and sentence dtd. 3/4/2012 passed by the learned Special Judge (Atrocity) and Additional Sessions Judge, Surendranagar in Special Case no.14 of 2011 for the offence punishable under Ss. 323 , 504 , 114 of the Indian Penal Code, 1860 (hereinafter referred to as " IPC ") as well as Sec. 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act), 1989 (hereinafter referred to as "the Atrocities Act"), whereby the learned Judge has acquitted the appellants for the offence punishable under Ss. 504 of the IPC and Sec. 3(1) (x) of the Atrocities Act. The learned Judge has convicted the appellants for the offence punishable under Ss. 323 and 34 of the IPC to undergo simple imprisonment for a period of six months with fine of Rs.1,000.00 each and in default of payment of fine, the appellants to further undergo simple imprisonment for a period of 15 days.

(2.) Learned advocate Mr. Premal Joshi has submitted that during the pendency of the proceedings, the parties have settled the disputes amicably outside the Court and that there remains no grievance between them.

(3.) Labhubhai Virabhai Sindhav - original complainant has filed an affidavit of settlement and has affirmed the contents of the affidavit and is identified by Mr. Nilesh Koyani, learned advocate for the original complainant. Learned advocate seeks permission to file Vakalatnama. Let Vakalatnama be accepted. Labhubhai Virabhai Sindhav-original complainant was instructed to appear through the Video Conferencing. He had chosen to remain personally present before this Court. The original complainant states that the issue was minor and has been settled with the intervention of the village people and community persons. He states that he does not want to proceed with the matter as he is desirous of peace and serenity in the village and want to cordially stay with all of them. He further stated that the accused have never disputed with him after this matter and held him with great respect in the village.