VASI @ VASIO PRABHATBHAI RABARI Vs STATE OF GUJARAT
Case number: Crl.A. No.-000782-000782 / 2010
Diary number: 7706 / 2010
Advocates: EJAZ MAQBOOL Vs
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.
-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.