26. Considering the totality of facts and circumstances of the case, the genesis of the dispute, as well as the fact that the incident took place in the year 1993 and 24 years have passed, as well as the parties are related to each other, this Court is of the considered opinion that while maintaining the conviction of the appellant no.1 for offence under Section 307 of I.P.C., and by taking into consideration that compromise has taken place between the parties, the ends of justice would be served if the jail sentence of 5 years, awarded to the appellant no.1 for offence under Section 307 of I.P.C., is reduced to the period already undergone by the appellant No.1. Accordingly, maintaining the fine amount, the jail sentence awarded to the appellant no.1 for offence under Section 307 of I.P.C. is modified to the period already undergone.
27. Consequently, the appeal is partly allowed. The appellant No.1 Ramkrishna @ Sanju is acquitted of the charge under Sections 324 and 341 of I.P.C. and the appellants Bhagwati, Ramlakhan and Siyaram are acquitted of the charge under Sections 323, 341 of IPC.
28. The conviction of appellant No.1 for offence under Section 307 of I.P.C. is hereby affirmed and while maintaining the fine amount, he is sentenced to the period undergone by him.
29. Accordingly, the judgment and sentence dated 24-8- 2007 passed by IVth A.S.J., Morena in Sessions Trial No. 44/1994 is modified to the extent mentioned above.
30. The appellant No.1 is on bail. His bail bonds and surety bonds stand discharged. He is no more required in the present case.
31. The appeal is partly allowed to the extent mentioned above.
Get free Case Laws via Email Subscription