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SUPREME COURT OF INDIA

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CASE NO.:

Appeal (crl.) 118 of 2006

PETITIONER:

Shailesh Jasvantbhai & Anr.

RESPONDENT:

State of Gujarat & Ors.

DATE OF JUDGMENT: 19/01/2006

BENCH:

ARIJIT PASAYAT & S.H. KAPADIA

JUDGMENT:

JUDGMENT

(Arising out of SLP(Crl.) No. 1494 of 2004)

With

CRIMINAL APPEAL NO. 119 OF 2006

(Arising out of SLP(Crl.) No. 3908 of 2004)

ARIJIT PASAYAT, J.

Leave granted.

Of these two appeals, one is by the State of Gujarat and

the other by the victim of the crime. They assail correctness of

the judgment rendered by a Division Bench of the Gujarat

High Court. By the impugned judgment while upholding the

conviction recorded by the trial court the High Court reduced

the sentence to the period already undergone; but awarded

compensation to the victims.

Background facts in a nutshell are as under:

On 30th March, 2002, first information report was lodged

alleging that the respondents Pratapji and Jayantubha

(hereinafter referred to as accused by their respective names)

assaulted the informant Sameer Kumar and the appellant

Shailesh Jasvantbhai causing s