@JUDGMENTTAG-ORDER
M.P. Thakkar, J.@mdashSpecial leave granted.
2. This order is with further reference to our earlier order passed on December 16, 1986. Learned Counsel for the State has now appeared before
us to assist us in dealing with this matter. The report of the learned Sub Divisional Judicial Magistrate is an extremely well-considered report and
we feel safe in relying on it. Under the circumstances, we grant leave for compounding the offence u/s 323 I.P.C. for which the appellants have
been convicted. The conviction u/s 323 I.P.C. must, therefore, be set aside and the appellants must be acquitted of the said offence. In regard to
the other offence for which the appellants have been convicted, we feel that a compassionate approach deserves to be made having regard to the
facts which have emerged in the report of the learned Magistrate. Haying taken into consideration all the relevant circumstances it appears that the
appellants acted in a moment of aberration due to loss of self-control. We, therefore, think that the ends of justice will not be served by making a
strict approach in regard to the other offence. Under the circumstances, we reduce the sentence to the term already undergone. The appellants
shall be set at liberty forthwith.
3. The appeal is disposed of accordingly.
