( 1 ) THESE two appeals, one by the State of Gujarat for enhancement of the sentence against the respondent-accused Bhikhaji Kaluji only, and the another by Bhikhaji Kaluji and three others against their respective orders of conviction and sentence, arise out of the common judgment and order dated 31- 12-1982, rendered in Sessions Case No. 108 of 1982 by the learned Assistant sessions Judge, Mehsana, wherein respondents on their being tried for the alleged offences punishable under Secs. 307, 326, 323, 324 of I. P. C. and Sec. 135 (i) of the Bombay Police Act, 1951, were at the end of the trial ordered to be convicted and sentenced as under :"the accused No. 1 Bhikhaji Kaluji was convicted for the offence punishable under Sec. 307 of I. P. C and sentenced to suffer R. I. for two years and to pay a fine of Rs. 300. 00 and in default R. T. for one month. While accused Nos. 2 and 3, viz. , Hemaji Kaluji and Kaluji Bhimaji were convicted for the offence punishable under Sec. 323 of I. P. C. and each one of them was sentenced to suffer R. I. for one month and to pay a fine of Rs. 100. 00 and in default further R. I. for 15 days, while the accused No. 4 Motiji Hathiji was convicted for the offence punishable under Sec. 324 of I. P. C. and sentenced to suffer R. I. for 4 months and to pay a fine of Rs. 200. 00 and in default further R. I. for 15 days. "

( 2 ) RECALLING few relevant facts of the prosecution case in brief, it may be stated that incident in question took place on 21-3-1981 at 8-00 p. m. on a public road in village-Mamvada, Taluka Sidhpur, wherein all the aforesaid accused assaulted : (1) Keshar Dana (P. W.-12, Exh. 34); (2) dhanraj Ramaji (P. W.-4, Exh. 19); and (3) Jesang Ramaji (P. W.-11, Exh. 33) causing injuries to them. It is further alleged that at the time of incident, the accused No. 1-Bhikhaji Kaluji was armed with Dhariya and he gave a blow with it on the head of Keshar Dana (P. W.-12, Exh. 34); the accused no. 4 was armed with an axe and inflicted a blow with it on Jesang ramaji (P. W.-11, Exh. 33); while accused Nos. 2 and 3 who were armed with sticks gave blows with it on Dhanraj Ramaji (P. W.-4, Exh. 19) and jesang Ramaji (P. W.-ll, Exh. 33 ). The motive alleged for the incident in question was a fact that one Dhanraj Ramaji (P. W.-4, Exh. 19) had taken a cart on hire of one Madarji Chelaji (not examined) and that the accused persons also wanted the said cart, and as a result of this the dispute arose between the said parties giving rise to the present incident.

( 3 ) WHEN these two appeals were called out for final hearing today, mr. Ashok Shah, learned Advocate appearing for the accused submitted one application under Sec. 320 (5) of the Code, the same being Misc. Criminal application No. 715 of 1992 inter alia praying for granting necessary permission to compound the alleged offences between the accused and the injured parties. In a joint compromise purshis duly signed by the concerned parties and also identified and signed by the respective learned Advocates, annexed to the said application, it has been stated that the accused and the injured prosecution witnesses were residing in the same village, namely, mamvada since last many years, and that, neither anytime before the alleged incident that took place on 21-3-1981 nor thereafter in last 11 years any further untoward incident had taken place between them. That the alleged incident had unfortunately arisen out of some misunderstanding at the relevant time and thereafter with the help of the good offices and intervention of some respectable citizens of the village, the embittered relations between the parties have been softened and amicably settled out of the Court and as a result of which, at present, better, cordial and peaceful relations have been restored once again between them bringing about peace in the village. In the concluding paragraph of the said compromise purshis, it has been specifically stated that the outcome of the said comp