Vasi @ Vasio Prabhatbhai Rabari & Ors vs State Of Gujarat

VASI @ VASIO PRABHATBHAI RABARI AND ORS. Appellant(s)

:VERSUS:

THE STATE OF GUJARAT Respondent(s)

O R D E R

Leave granted.

We have heard the learned counsel for the parties.

Appellants have been convicted under Sections 143,

147 & 337 of the Indian Penal Code and sentenced to

undergo simple imprisonment for one month. Appellant

Nos.1, 3 & 4 have also been convicted and sentenced under

Sections 452, 324 & 427 of the Indian Penal Code for a

period of six months simple imprisonment.

The incident is more than two decades old. It is

submitted that the parties have been peacefully living

together for a long time and the accused persons who have

been convicted under Sections 143, 147 & 337 of the

I.P.C. and sentenced for one month's imprisonment have

already undergone imprisonment for 27 days. -2-

On a consideration of the totality of the facts

and circumstances of this case, particularly the nature

of injuries and the proximate relationship amongst the

parties, we are of the opinion that ends of justice would

be met if, while maintaining the conviction of the

accused under Sections 143, 147 & 337 of the I.P.C.,

their sentence is reduced to the period already undergone

by them. We direct accordingly.

Appellant Nos.1, 3 and 4 who have been convicted

under Sections 452, 324 and 427 of the I.P.C., their

sentence is reduced from six months to two months.

The impugned order passed by the High Court is

modified to the aforesaid extent and the appeal is

disposed of accordingly.

.....................J (DALVEER BHANDARI)

.....................J (K.S. RADHAKRISHNAN)

New Delhi;

April 12, 2010.