12 April 2010
Supreme Court
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VASI @ VASIO PRABHATBHAI RABARI Vs STATE OF GUJARAT

Case number: Crl.A. No.-000782-000782 / 2010
Diary number: 7706 / 2010
Advocates: EJAZ MAQBOOL Vs


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IN THE SUPREME COURT OF INDIA

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.

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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.