The court considered the gravity of the crime, motive for the crime, nature of the offence, and all other attendant circumstances in determining the appropriate sentence for the appellants.

JUDGMENT

Pushpendra Singh Bhati, J. - This criminal appeal under Section 374(2) Cr.P.C. has been preferred claiming the following reliefs:

"It is, therefore, humbly prayed that this appeal may kindly be allowed and the judgment of conviction and sentence dated 14.10.2015 passed by learned Additional Sessions Judge, Didwana in Sessions Case No. 03/2012 may kindly be set aside and quashed and the appellants may kindly be acquitted from the charges leveled against them."

2. The matter pertains to an incident which occurred in the year 2011 and the present appeal has been pending since the year 2015.

3. Learned counsel for the appellants submits that this Criminal Appeal has been preferred against the impugned judgment dated 14.10.2015 passed by the learned Additional Sessions Judge, Didwana, District Nagaur in Sessions Case No. 3/2012 whereby the appellants were convicted and sentenced as under:-

4. Learned counsel for the appellants further submits that the sentence so awarded to the appellants was however suspended by this Hon'ble Court, vide order dated 30.10.2015 passed in S.B. Criminal Misc. Suspension of Sentence (Bail) Application No. 171/2015.

5. Learned counsel for the appellants also submits that the appellant No. 1 Bhawani Singh, who was the main accused has completed his sentence, therefore, counsel is making submission only qua appellant No. 2 to 5. Learned counsel for the appellants has drawn attention of this Court to the statement of PW-8 i.e. Shivpal, who is the injured witness has deposed before learned trial court that with common intention he was attacked with 'lathi' and it was Bhawani Singh who caused injury of the axe from the blunt side as well as from the sharp side on his head.

6. Learned counsel for the appellants, thereafter, has drawn attention of this Court to the statement of the Dr. K.L. Chandeliya (PW-21), who has deposed that the injury No. 1 was grievous in nature, the doctor has also noted that the injuries No. 1 & 2 though said to have been caused by a sharp weapon but could not have been caused by axe. Learned counsel has also drawn attention of this Court to the statement of the Investigating Officer, which reflects a minor delay in filing of the FIR. Learned counsel submits that there was also a compromise happened between the parties thereafter.

7. Learned counsel for the appellants makes a limited prayer that the sentence awarded be stepped down to the sentence already undergone for appellants No. 2 to 5.

8. Learned counsel for the appellants also referred to the judgment in the matter of Ramesh Kumar alias Babla v. State of Punjab reported in AIR 2016 SC 2858, the relevant para of which reads as follows:-

"7. Accordingly, the appeal is allowed in part by converting appellant's conviction under Section 307 IPC to one under Section 324 IPC. On the question of sentence, it is pertinent to note that the occurrence took place in 1997. In his statement under Section 313 of the Code of Criminal Procedure the appellant gave his age in 2002 as 36 years. He claim that he and others went to the place of occurrence on getting ramification that his brother Sanjay Kumar was assaulted by Ramesh Kumar (complainant). He brought his brother to police station and lodged a report. As noticed by trial court, parties are involved in civil as well as criminal litigation from before. High Court has noted that appellant, as per custody certif