K.J.VAIDYA J. - (1.) This appeal by the State of Gujarat is directed against the impugned judgment and order dated 8-3-1983 rendered in Sessions Case No. 55/82 by the learned Additional Sessions Judge, Palanpur, wherein the respondent Rajput Ramji Rata and four others who came to be tried for the alleged offences under Sections 307, 323, 324, 426, 447, 147, 148 and 149 of the IPC were at the end of the trial ordered to be acquitted. (Para 1)
(2.) It appears that the offence in question took place as far back as in the year 1982 - on 13-1-1982 and that during the trial also, the accused persons were on bail. We are told that neither at the time when the respondents came to be released on bail nor thereafter when they ultimately came to be acquitted any untoward incident has taken place between the parties. In fact, complete peace and normalcy prevail in the village. Not only this, but because of some efforts made by the respectable and peace-loving citizens of the village, the amicability and cordiality has been restored between the rival parties. Except the alleged incident which took place on 13-1-1982, no other offence has been registered against the accused. The learned Advocate for the respondents submitted that taking into consideration the facts and circumstances of the case, the offence alleged against the accused would not travel beyond Section 324 of IPC, which is compoundable. The learned Advocate for the respondents in support of his submission has tendered a joint purshis duly signed by the respective parties and the respective advocates.
(3.) The learned Advocates appearing for the respondents as well as in the prosecution witnesses respectively have identified the accused as well as the injured persons who are present before the court. The learned Advocate for the complainant, further submitted that he has personally verified and satisfied that the settlement arrived at between the parties is without any coercion or inducement and is borne out of good-will and mutual regards brought about by the peace-loving citizens of the village. We also in our own way have made necessary inquiries with the parties present before the court in order to satisfy our conscience whether the compromise arrived at between the parties is genuine or not. The respondents before the court have expressed their heart-felt sorrow and repent for whatever happened in the heat moment and have assured this court that peace, good - will and cordiality which has been brought about between the parties will be maintained at any cost and that nothing would be done to create any problem of law and order. The injured are also satisfied with this assurance. (Para 3);