Vasio Prabhatbhai Rabari & Ors. Vs. State of Gujarat  INSC 397 (12
APPELLATE JURISDICTION CRIMINAL APPEAL NO. 782 OF 2010 (Arising out of
SLP(Crl.) No.2515/2010) VASI @ VASIO PRABHATBHAI RABARI AND ORS. Appellant(s)
OF GUJARAT Respondent(s) O R D E R Leave granted.
heard the learned counsel for the parties.
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.
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
-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.
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.
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)
April 12, 2010.