- (1.)The appellant-original accused has been convicted under Sections 307 and 324 of IPC by judgment and order dated 7.4.2006 passed by the learned Additional Sessions Judge, Baramati in Sessions Case No. 57 of 2002. For the offence under Section 307 of IPC, the appellant has been sentenced to RI for seven years and fine of Rs.5000/- i/d S.I. for six months. For the offence under Section 324 of IPC, the appellant has been sentenced to RI for one year and fine of Rs.1000/- in default SI for six months.
(2.)I have heard the learned counsel for the appellant-original accused, learned APP for the State and Shri.Jitendra Haribhau Tambe who is the original complainant in the said case. The appellant has been convicted under Sections 307 and 324 of IPC based on the evidence of present complainant.
(3.)The complainant who is present in person has stated that he has settled the matter with the accused and they are residing amicably and peacefully in the village. The complainant has also tendered his affidavit wherein he has stated that he does not wish to pursue the prosecution case and leniency may be shown to the appellant by releasing him. The said affidavit is taken on record and marked "X" for identification. He has further stated that the incident is of the year 2002 and sufficient period has passed and due to intervention of the senior members of the family and other respectable persons, he is of the opinion that there should be harmony between both families by putting an end to the dispute. Hence, he has prayed that conviction of the appellant be set aside and the appellant be released.