( 1 ) PRESENT appeal- Criminal Appeal No. 273 of 2006 was notified with Criminal Misc. Application Application No. 1712 of 2006. The Criminal Misc. Application is filed praying for suspension of conviction. On the earlier occasion, while the Criminal Misc. Application was argued, it transpired that the Criminal Misc. Application is likely to take almost same time which the final hearing of the Criminal Appeal is expected to take and, therefore, at the request of the learned advocate for the appellants-applicants, the Registry was directed to notify the Criminal Appeal for final hearing today.

( 2 ) AT the request of the learned advocate for the appellants, the Criminal Appeal is taken up for final hearing without insisting for supply of paper book, the learned APP has no objection. The record and proceedings of this case is already received, which is perused at the time of hearing of the Criminal Appeal.

( 3 ) THE appellants, three in number, original accused Nos. 4,5 and 6 are before this Court being aggrieved by judgment and order dated 6. 2. 2006 in Special Case No. 130 of 2003 passed by the Presiding Officer, Fast Track Court, Palanpur. The learned Fast Track Court Judge was pleased to convict present appellants, original accused No. 4- Pravinbhai Becharbhai Vankar, original accused No. 5 Sandhyaben Pravinbhai Vankar and original accused No. 6 Galbabhai Becharbhai Vankar for the offence under Sections 504 and 506 (2) read with Section 114 of the Indian Penal Code. The learned Fast Track Court Judge was pleased to convict the appellants for the offences under Sections 323, 324 read with Section 114 of the Indian Penal Code, Section 135 of the Bombay Police Act and Section 3 (1) (10) of the Atrocities Act read with Section 114 of the Indian Penal Code. The learned Fast Track Court Judge was pleased to punish the appellants- original accused Nos. 4,5 and 6 alongwith the other accused with a fine of Rs. 200/- for the offence under Section 504 read with Section 114 of the Indian Penal Code and in default, was pleased to order simple imprisonment for a period of 15 days. So far as offence under Section 506 (2) read with Section 114 of the Indian Penal Code is concerned, the learned Fast Track Court Judge was pleased to punish the appellants- original accused Nos. 4, 5 and 6 alongwith other accused with fine of Rs. 500/- and in default, 30 days simple imprisonment. Learned advocate Mr. Y. S. Lakhani with Mr. Samirkhan Pathan, appearing for the appellants, submitted that the appellants have paid the fine amount, totalling to Rs. 700/- each. He also invited attention of the Court to an endorsement made below the judgment and order of the learned Fast Track Court Judge, Palanpur to that effect.

( 4 ) THE facts of the case as set out in para 2 of the judgment are: that, complainant Rashmikant Narsinhbhai Vankar was present at his residence in village Kanodar, Taluka Palanpur on the day of the incident, i. e. 19. 5. 2002, at about 6. 00 p. m. At that time, accused Nos. 4,5 and 6 (present appellants), who are residing in the vicinity had taken a quarrel with his uncle- Amrabhai in the matter of discharge of water. That being so, the complainant and his father-Narsibhai had asked these accused (Nos. 4,5 and 6) not to quarrel and tried to pacify them. As all these three accused were abusing, they were told not to do so. So far as the present appellants are concerned, this is the only part which pertains to them. The complaint then proceeds further and narrates that: after about half an hour, i. e. at about 7. 00 p. m. , these persons (accused Nos. 4, 5 and 6) instigated the accused (1) Mangaji Thakor, (2) Ranjitsinh and (3) Abhesinh Thakor and sent them to beat Amrabhai- uncle of the complainant. At that time, father of the complainant- Narsinhbhai intervened. Accused Mangaji Thakor armed with a spade gave a blow on the head of Amrabhai- uncle of the complainant with blunt portion. Accused Ranjitsinh armed with sword tried to assault Nar

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