NANUJI RAMBHAI THAKORE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appellant-accused is convicted for the offence punishable under Section 326 of IPC and was sentenced to undergo rigorous imprisonment of five years and fine of Rs. 1000/-, in default, simple imprisonment of three months, by the learned Addl. Sessions Judge, Banaskantha, Palanpur, vide his judgment and order dated 23. 3. 1993. The said judgment and order is challenged by the appellant-accused in the present appeal.

(2.) LEARNED advocate Mr. Mrudul Barot for orig. complainant submits that he has instruction to appear in this appeal and he will file his Vakalatnama within three days. Learned advocate Mr. Pratik Barot for appellant has not pressed this appeal on merits, but only with regard to the quantum of the sentence. It is submitted by him that the matter is settled between the complainant and the appellant-accused. It is fairly submitted by him that injured Keshaben who received injury alleged to be caused by the appellant has passed away. But the complainant who is nephew of Keshaben who lodged the complaint has settled the matter with the accused persons and an affidavit to that effect is produced before the Court which is ordered to be taken on record. It is submitted by learned advocate Mr. Barot that the complainant and accused are close relatives and are staying in the same village in close vicinity. They are also attending the ceremonies/functions of each other very frequently. It is submitted that the complainant is the only surviving legal heir of the deceased. It is further submitted by learned advocate Mr. Barot that the appellant accused has remained in jail for more than three months.

(3.) LEARNED advocate has relied upon a decision of the Hon'ble Apex Court in the case of Ishwar Singh v. State of Madhya Pradesh, reported in AIR 2009 SC 675 wherein the Hon'ble Apex Court has held that though there was non-compoundable offence, compromise can be considered while awarding sentence where parties reaching into compromise and in the facts and circumstances of that case, the sentence was reduced to period already undergone.