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whether the sentence awarded to the appellants needs to be reduced and, if so, to what extent.=Even appellant no.1 is not alleged to have used any force against the constable in the incident in question. The incident itself is nearly ten years old by now. Keeping in view all these circumstances and the fact that Hussain Ibrahim Siddi accused no.1 who was mainly responsible for the grievous injury caused to the constable has already served the sentence awarded to him, we are of the opinion that interest of justice would be sufficiently served if the sentence awarded to the appellants is modified and reduced to the sentence already undergone by them.

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 REPORTABLE

 IN THE SUPREME COURT OF INDIA

 CRIMINAL APPELLATE JURISDICITION

 CRIMINAL APPEAL NO.1879 OF 2011

 (Arising out of SLP (Crl.) No.5562 of 2011)

Nasib Hussain Siddi & Ors. ...Appellants

 Versus

State of Gujarat ...Respondent

 O R D E R

T.S. THAKUR, J.

1. Leave granted.

2. This appeal arises out of an order passed by the High 

Court of Gujarat at Ahmedabad whereby conviction of the 

appellants for offences punishable under Sections 325, 

506(2), 333, 342 and 114 IPC has been affirmed and the -

 1

sentence reduced to imprisonment for a period of 1= 

years. 

3. When the special leave petition came up for 

admission, this Court by its order dated 1st August, 2011 

issued notice to the respondents only on the question of 

sentence. We are not, therefore, examining the validity of 

the order of conviction which both the Courts below have 

passed on a proper appreciation of the evidence on record. 

The only question on which we have heard learned counsel 

for the parties is whether the sentence awarded to the 

appellants needs to be reduced and, if so, to what extent.

4. The genesis of the case of the appellants lies in an 

incident that took place on 7th September, 2003 at village 

Chitrod in the District of Kutch, State of Gujarat. The 

complainant in the case was, during the relevant period, a 

Constable posted at Chitrod outpost of Police Station 

Bhimasar. The prosecution case is that at about 10.30 a.m. 

on 7th September, 2003 when the complainant was on 

patrol duty, he found one Babubhai quarrelling in public 

place with one Hussain Ibrahim Siddi, accused no.1. The -

 2

constable appears to have accosted the quarrelling duo and 

asked them as to why they were disturbing peace and 

ordered them to accompany him to the police station. This 

appears to have infuriated Hussain Ibrahim Siddi who 

caught hold of the Constable from his collar and pushed 

him. In the meantime the son, wife and mother of Hussain 

Ibrahim Siddi also appear to have joined Hussain Ibrahim 

Siddi, exchanged hot words with constable and prevented 

him from taking Hussain Ibrahim Siddi to the Police Station. 

It was on those allegations that Hussain Ibrahim and the 

appellants were tried together for the offences mentioned 

earlier.

5. At the trial the prosecution examined as many as 13 

witnesses to support its case. The depositions of these 

witnesses were found reliable by the Trial Court resulting in 

the conviction of Hussain Ibrahim for the offence 

punishable under Section 325 and sentence of five years RI 

besides a fine of Rs.500/-. In default he was directed to 

undergo a further sentence of six months. He was also 

 3

convicted under Section 506(2) of the IPC and sentenced to 

-

undergo imprisonment for a period of five years and a fine 

of Rs.500/- and in default to undergo further imprisonment 

for a period of six months. Hussain Ibrahim was in addition 

convicted and sentenced to imprisonment for five years and 

a fine of Rs.500/- under Section 333 and in default to 

undergo further imprisonment of six months. Imprisonment 

for a period of one year and a fine of Rs.100/- was awarded 

to him under Section 342 of the IPC and in default to 

undergo further imprisonment for a period of one month. 

6. In so far as the appellants Hussain Siddi, Malubai wife 

of Ibrahim Siddi and Hawabai wife of Hussain Ibrahim are 

concerned, the Trial Court found them also to be guilty of 

offences punishable under Sections 333 of the IPC and 

sentenced them to undergo simple imprisonment for a 

period of three years and a fine of Rs.200/-. Malubai 

accused no.3 and appellant before us was also in addition 

convicted and sentenced to undergo imprisonment for a 

period of three years under Section 506(2) IPC apart from 

 4

a fine of Rs.500/-. In default of payment of fine she was 

sentenced to undergo six months further imprisonment. 

-

7. Aggrieved by the orders of conviction and sentence 

the appellants preferred an appeal before the High Court of 

Gujarat at Ahmedabad who has while upholding the 

conviction of the appellants reduced the sentence awarded 

to all of them to 1= years instead of three years. 

7. It is common ground that the appellants, two of whom 

happen to be females had not physically assaulted the 

constable. Even appellant no.1 is not alleged to have used 

any force against the constable in the incident in question. 

The incident itself is nearly ten years old by now. Keeping in 

view all these circumstances and the fact that Hussain 

Ibrahim Siddi accused no.1 who was mainly responsible for 

the grievous injury caused to the constable has already 

served the sentence awarded to him, we are of the opinion 

that interest of justice would be sufficiently served if the 

sentence awarded to the appellants is modified and reduced 

to the sentence already undergone by them.

 5

-

8. We order accordingly. The appellants shall be set at 

liberty forthwith unless required in any other case. The 

appeal is allowed to the above extent. 

 ...................................J.

 (CYRIAC JOSEPH)

 ...................................J.

 (T.S. THAKUR)

New Delhi

September 28, 2011 6

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