VASI @ VASIO PRABHATBHAI RABARI & ORS. v. STATE OF GUJARAT [2010] INSC 397 (12 April 2010)

Judgement

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 782 OF 2010

(Arising out of SLP(Crl.) No.2515/2010)

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.