CHANDRAKANT BALU KAPADI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) These two appeals questioning conviction of the appellants in two counter cases are being disposed of by this common Judgment, since the parties in the two cases have tendered their Affidavits stating that they have amicably settled their disputes and want the appeals to be disposed of. The Affidavits are taken on record and marked as 'X' for identification. Facts which are material for deciding these appeals are as under:-

(2.) Parties state that they are from the same family and do not wish to continue the enmity. The learned counsel for the parties state that they do not question the convictions but would restrict the appeals only to question of sentences. Considering this, since the victim Anjanabai's husband, Kondiba, who is himself an appellant in Criminal Appeal No. 253 of 1994 is also present in the Court and since the parties state that parties have amicably settled their disputes without creating a precedent and in peculiar facts of these cases, these appeals could be disposed of by reducing the sentence as suggested by the learned counsel for the parties maintaining conviction recorded by the learned trial Judge.

(3.) Criminal Appeal No. 297 of 1994 is partly allowed. Conviction of the appellant for the offence punishable under Section 304(11) of the Indian Penal Code is maintained. Sentence of rigorous imprisonment for five years is, however, reduced to rigorous imprisonment for 18 months which the appellant claims to have already under gone, with a fine of Rs. 1,00,000/- or in default rigorous imprisonment for one year. If the fine is paid, the entire amount shall be paid to Kondiba, the husband of the victim. Criminal Appeal No. 253 of 1994 is partly allowed. Conviction of the appellants for the offences punishable under Sections 323, 324 read with Section 34 of the Indian Penal Code is maintained. However, sentence of rigorous imprisonment for one year is replaced by payment of fine of Rs. 25,000/- each or in default rigorous imprisonment for three months each. If the amount of fine is deposited, it shall be paid equally to the victims. If the fine is not realized within a period of one month, the learned trial Judge shall have the sentences in default of fine executed.