LAW FOR ALL

The analysis of the materials clearly show that two versions of the incident adduced by the prosecution are discrepant with each other In the light of the above discussion, even if we accept the evidence of prosecution witnesses that A-2 was having a sword and PW-3 sustained injuries at his instance, considering his individual act, he can only be convicted under Section 324 of IPC and taking note of his age and of the fact that he was in custody from 14.04.1992 till 09.05.1992 during the trial and again from 31.01.2011 to 12.04.2012 (roughly one year and four months), we feel that the ends of justice would be met by altering the sentence to the period already undergone. The conviction and sentence is modified to the extent mentioned above and Criminal Appeal No. 634 of 2012 is disposed of accordingly.By order dated 10.05.2012, this Court directed Dr. Mohammad Khalil Chisti – being a national of Pakistan-appellant in Crl.A. No. 634 of 2012 or his nominee to deposit a sum of Rs. 5 lakhs as security with the Registry of this Court within a period of two weeks from that date and on fulfilling the above condition, the appellant was permitted to leave India and visit his home country, i.e., Pakistan. It is informed to us that the said condition has been complied with and an amount of Rs. 5 lakhs was deposited. By another order dated 17.09.2012, this Court directed the Registry to invest the amount deposited by the appellant in an interest bearing account in any Nationalised Bank initially for a period of one year. In view of our conclusion that no further custody is required, the Registry is directed to return the said amount to Dr. Mohammed Khalil Chisti or his nominee forthwith. It is further directed that if the passport or any other document of the appellant is in the custody of the trial Court or any other authority of the Government of India, they are directed to return the same to him and he is free to return to his country without any restriction. Taking note of his age and academic qualification etc., to facilitate such course, the concerned department of the Government of India is directed to issue necessary visa and complete all the formalities for his smooth return to his country.In the light of the evidence and conclusion in respect of Yasir Chisti (A-1) and Akil Chisti (A-3), the appellants in Criminal Appeal No. 635 of 2012, taking note of their individual acts, they can only be convicted under Section 324 of IPC and also in view of the fact that A-1 and A-3 have served approximately 11 and 10 months respectively, the same would be sufficient and no further imprisonment is required, hence, both of them are directed to be released forthwith, if they are not required in any other case. 41) With the above modification, both the appeals are disposed of accordingly.