JUDGMENT :

1. The present appeal is preferred by the appellant – accused under Section 374(2) of the Code of Criminal Procedure, 1973 against the judgment and order of conviction dated 29.11.2021 passed by the learned 11th Sessions Judge, (Special Judge, Atrocity Cases), Vadodara in Sessions Case No.157 of 2019, whereby, the learned Trial Judge has convicted the appellant under Section 307 of the Indian Penal Code (for short “the IPC”) and directed him to undergo sentence of simple imprisonment of 10 years with fine of Rs.5,000/-, and in default of payment of fine, to undergo further simple imprisonment for a period of six months, and fine of Rs.25,000/- as per Section 357 of the Criminal Procedure Code, and in default of payment of fine, to undergo further simple imprisonment for a period of one year. So far as the offence under Section 135 of the G.P. Act is concerned, the Court has disbelieved the case and acquitted the present accused for the said offence.

2. The case of the prosecution briefly is that, the FIR being C.R.No.-14 of 2019 came to be registered before PSI City Police Station, Vadodara, wherein it was alleged that on 10.03.2019 at around 09.57 a.m., the complainant received a call from her mother informing the complainant that when she was on the way to her workplace at Hathikhana Market, the present appellant allegedly attacked behind her with a sharp weapon due to which she was inured on her head and left hand and hence, asked the complainant to rush to that place. Therefore, the complainant reached Hathikhana Market with her sister where she saw blood stains in front of shop no.E/28 and her mother was moved to hospital in 108 ambulance. The accused is of suspicious in nature and he had previously beaten complainant’s mother many times for which a complaint was registered at Varasiya Police Station and because of his suspicious nature, he had attempted to kill complainant’s mother with sharp knife. Therefore, the FIR was registered before PSI City Police Station, Vadodara.

2.1 The FIR was investigated by the Investigating Agency and after sufficient materials was found against the accused, the Investigating Officer has submitted the charge-sheet before the concerned Judicial Magistrate. As the case was exclusively triable by the Court of Sessions, the said case was committed to the Sessions Court, Vadodara under Section 209 of the Code of Criminal Procedure, 1973, which was registered as Sessions Case No.157 of 2019.

2.2 The Court framed the charge against the accused and after leading the evidence by the prosecution, the Court found the accused guilty of the offence punishable under Section 307 of the IPC and directed him to undergo sentence of simple imprisonment of 10 years with fine of Rs.5,000/-, and in default of payment of fine, to undergo further simple imprisonment for a period of six months, and fine of Rs.25,000/- as per Section 357 of the Criminal Procedure Code, and in default of payment of fine, to undergo further simple imprisonment for a period of one year vide impugned judgment and order of conviction.

3. Being aggrieved and dissatisfied with the impugned judgment and order of conviction, the appellant – accused has preferred the present appeal alongwith Criminal Misc. Application No.1 of 2022 for suspension of sentence. The appeal came to be admitted by the Co-ordinate Bench of this Court vide order dated 13.09.2022.

4. As the dispute is between husband and wife, and now the wife has entered into settlement / compromise at the instance of the elders of the family & society with the husband, the wife has tendered an affidavit before this Court, wherein, it is mentioned that they have inter se settled the dispute and now there is no grudge against the appellant husband and considering the ill health of the appellant who is aged 64 years, the wife though it fit to file the present affidavit and shown her willingness that she has no objection if the impugned judgment and order of conviction passed by