Rajanikant Ambalal Rana and Another vs State of Gujarat

M.D. Shah, J.—Learned advocate Mr. Hardik Soni, who is appearing through legal aid committee for the Appellants submitted that the incident took place in the year 1997, and this is the first offence of the accused persons and they have also liability to maintain their families. It is also submitted that, after the Appellants-accused were released on bail, till today no untoward incident took place and no offence was registered against them. It is also submitted by learned advocate Mr. Soni, on instructions from the Appellants, that the Appellant No. 2 - original accused Kaushik @ Chako Rana had received injuries during this incident. It is also submitted that from their side one person was murdered and offence was registered against the persons of otherside group and they were arrested and trial was also conducted. Learned advocate Mr. Soni, therefore, requested that the sentence imposed by the trial court may be reduced considering the conduct and past history of the accused and other circumstances narrated above.

Heard learned Additional Public Prosecutor Mr. L.R.Pujari for the Respondent-State. He submitted that appropriate order may be passed by this Court. Learned APP took this Court through the deposition of doctor as well as the doctor''s certificate of the four injured persons. It is admitted fact that, on going through the medical certificate of the injured persons, no serious injuries or fracture injuries were received by the injured persons.

Considering the peculiar facts and circumstances of the case, in the opinion of this Court, as the incident took place in the year 1997 and thereafter no untoward incident took place and no offence is registered against the present Appellants-accused, if the order is modified by reducing the sentence, then the same will meet with the ends of justice. As far as original accused No. 1 Rajanikant Amabalal Rana is concerned, he was convicted for the offence punishable u/s 323 of Indian Penal Code for three months R.I. imposed by the trial court, in the opinion of this Court, if it is reduced to 20 days R.I. for the offence punishable u/s 323 of Indian Penal Code, then the same will meet with the ends of justice. As far as original accused No. 2 Kaushik @ Chako Rana is concerned, he was convicted for the offence punishable u/s 324 of Indian Penal Code for six months R.I., as discussed above, the injured persons have not received serious injuries or fractures, and so considering the above-referred facts and circumstances of the case, if the sentence is reduced to one and half months R.I. for the offence punishable u/s 324 of Indian Penal Code, the same will meet with the ends of justice.

In view of the above, the appeal is partly allowed. The impugned judgment and order dated 16.1.1999 passed by the learned Additional Sessions Judge, Nadiad in Sessions Case No. 144 of 1998 is modified to the extent that the sentence imposed on the original accused No. 1 Rajanikant Ambalal Rana for the offence punishable u/s 323 of Indian Penal Code for three months R.I. is ordered to be reduced to 20 days R.I., and the sentence imposed on the original accused No. 2 Kaushik alias Chako Rana for the offence punishable u/s 324 of Indian Penal Code for six months R.I., is ordered to be reduced to one and half months R.I. The remaining part of the order passed by the trial court will remain unaltered. The accused are entitled to get benefit of set off u/s 428 of Code of Criminal Procedure The accused are on bail and hence their bail bond stand cancelled and they are directed to surrender before the jail authority within six weeks from today.

Since this judgment has been delivered looking to the peculiar facts and circumstances of the case this may not be treated as precedent in any other case.

Registry is directed to send Record & Proceedings to the trial court forthwith.