- (1.) The matter has come up for orders on S.B.Criminal Misc. Application No. 281/06 filed by the appellant under Section 482 Cr.P.C., seeking stay of conviction. Learned counsel for the parties jointly submit that the complainant has compromised the matter with the appellant and a compromise has also been filed by complainant Ritesh Harsh PW-13 before the Deputy Registrar, Judicial of this Court which has been verified and therefore, the appeal as such may be finally heard and decided.
(2.) With the consent of learned counsel for the parties, the appeal itself is finally heard. By the instant criminal appeal under Section 374 of the Code of Criminal Procedure, 1973 (for short 'the Code' hereinafter), appellant Janak Soni has assailed the judgment and order dated 9.4.2001 passed by Additional Sessions Judge, No.3, Jodhpur (for short 'the trial court' hereinafter) in Sessions Case No. 40/2000, whereby the trial court convicted the appellant for the offences under Sections 307, 324 and 341 IPC and sentenced him as under :- (i) Under Section 307 IPC : three years' rigorous imprisonment and a fine of Rs.5000/-, in default of payment of fine further to undergo one months' simple imprisonment; (ii)Under Section 324 IPC : one year's rigorous imprisonment and a fine of Rs.500/-, in default of payment of fine further to undergo one month's simple imprisonment; (iii) Under Section 341 IPC : one month's rigorous imprisonment. The substantive sentences were directed to run concurrently.
(3.) Aggrieved by the judgment and order impugned, the appellant has filed the instant appeal. I have heard learned counsel for the appellant and public prosecutor for the State as also counsel appearing for the complainant. Perused the judgment and order impugned as also record of the trial court.;