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IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO.  565 OF 2003

RAGHU @ RAGHAVBHAI VASHRAMBHAI & ANR. ..... APPELLANTS

VERSUS

STATE OF GUJARAT ..... RESPONDENT

O R D E R

Heard learned counsel for the parties.

The prosecution was initiated in July, 1988 when  

one Shekhar was done to death by the appellants.  The  

trial court made an outright acquittal of the accused  

for the offences they had been charged with. The State  

filed  an  appeal  against  acquittal  before  the  High  

court.  In view of the dissenting judgments rendered by  

the  Hon'ble  Judges  on  16.08.1999,  the  matter  was  

referred to Hon'ble the Chief Justice of the High Court  

under Section 392 of the Code of Criminal Procedure for  

further orders.  Thereafter the third Hon'ble Judge  

vide  the  impugned  judgment  convicted  the  appellants  

under Section 304 (II) of the Indian Penal Code and

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sentenced  them to  45 months R.I. and a fine of Rs.  

1,25,000/- with respect to appellant No. 2 – Ghanshyam  

and Rs. 75,000/- in case of appellant No. 1 – Raghu.   

We are informed by the learned counsel for the  

appellants that Raghu has since undergone the sentence  

whereas  Ghanshyam  has  undergone  36  months  of  the  

sentence and that he has already paid the fine of Rs.  

1,12,000/- to the wife of the deceased who has since  

got  married  to  her  brother-in-law  (brother  of  the  

deceased-husband).   

In view of the peculiar facts and circumstances  

of the case, we find that the sentence of appellant No.  

2 should also be reduced to that already undergone as  

we notice that the incident had happened in the year  

1988  and  the  wife  of  the  deceased  has  also  been  

compensated by way of substantial compensation in terms  

of  money.   We,  accordingly,  dismiss  the  appeal  but  

reduce the sentence of appellant No. 2 - Ghanshayam to  

that  already  undergone  by  him.   No  orders  need  be  

passed with respect to appellant No. 1 – Raghu who is  

stated to have undergone the complete sentence.

    ..................J      [HARJIT SINGH BEDI]

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    ..................J      [AFTAB ALAM]

NEW DELHI AUGUST 25, 2009.