KANJI SHIVAJI THAKOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) INSTANT appeal under Sec. 374 (2)of the Code of Criminal Procedure is preferred by the appellants -original accused challenging the judgment and order of conviction dtd. 25-9-2003 passed by the learned Additional Sessions Judge, fast Track Court No. 2, Deesa at Palanpur, in Sessions Case No. 102 of 2000 convicting the appellants herein-original accused for the offences punishable under Sections 307, 323 and 114 of Indian Penal Code, sentencing the appellants to undergo rigorous imprisonment for a period of 10 years with fine of Rs. 3000=00 and in default, further rigorous imprisonment for a period of six months.

(2.) MR. M. C. Barot, learned advocate appearing on behalf of the appellants -original accused has submitted that the appellants and the victim Dajaji Kacharaji have entered into a Deed of Compromise and have settled the dispute and, therefore, the appellants do not challenge the impugned judgment and order of conviction on merits and accept the judgment and order of conviction passed by the trial Court, however, has requested that in wake of the compromise arrived at between the parties, the sentence imposed by the learned trial Court may be considered and reduced the sentence to the period already undergone by the appellants.

(3.) AT this stage it is required to be noted that in the facts and circumstances of the case, conviction under Ss. 307, 323 read with S. 114 of the Indian Penal Code is confirmed and/or sustained, we have made it clear to the learned advocate appearing on behalf of the appellants that we may not reduce the sentence to the period already undergone by the appellants which is hardly 2 to 3 months and therefore, the appellants may contest the case on merits, still, mr. Barot, learned advocate for the appellants, in presence of the appellants-original accused present in the Court, has submitted that still the appellants-original accused do not challenge the impugned Judgment and order of conviction on merits and has submitted that if this Court is not inclined to consider the prayer of the appellants to reduce the sentence to the period already undergone by the appellants, in that case, appropriate sentence be imposed and the appellants are ready and willing to abide by the order that may be passed by this Court.