RAJABHAI BHAVANBHAI RABARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 31. 0. 05. 2008, passed by the learned Additional Sessions Judge, Banaskantha at Palanpur in Sessions Case No. 181 of 2006, whereby the appellants have been convicted for the offences punishable u/s. 352, 307, 323, r/w Section 114 of IPC and u/s. 135 of the Bombay Police Act. For conviction u/s. 352 IPC the appellants were sentenced to undergo R. I. for three months with fine of Rs. 100/- and in default of payment of fine, S. I. for a further period of seven days; for conviction u/s. 307 IPC, they were sentenced to undergo R. I. for ten years with fine of Rs. 500/- and in default of payment of fine, S. I. for a further period of one month; for conviction u/s. 323 IPC, they were sentenced to undergo R. I. for four months with fine of Rs. 100/- and in default of payment of fine S. I. For a further period of seven days and for conviction u/s. 135 of Bombay Police Act, they were sentenced to undergo S. I. For four months with fine of Rs. 500 and in default of payment of fine S. I. for a further period of one month. All the sentences were ordered to run concurrently.

(2.) THE brief facts of the prosecution case are as under :

(3.) MR. S. V. Raju, the learned counsel appearing with Mr. Dagli for the appellants, has submitted that the dispute between the parties have amicably settled outside the Court on account of the intervention of responsible people of the community. He has further submitted that no untoward incident has taken place between the parties after the alleged incident and that the original injured witness has willingly and under no duress has sought permission of this Hon'ble Court to compound the offences.