5.�In this appeal, ld. advocate Mr. Ashish Dagli
for the appellants and ld. APP Mr. HL Jani for the
respondent - State, were heard. Ld. advocate for the
appellants restricted his contention only to the quantum
of sentence and so far as the merits of the appeal is
concerned, the same was not pressed. It was contended
that out of 5 appellants, 4 are real brothers and are
persons having family and children. In fact, there was a
civil dispute about the agricultural land between the
parties. Appellant no. 1 - Rabari Khima Ganga is aged
about 42 years, appellant no. 2 - Dalit Devshi Kalabhai
is aged about 24 years, appellant no. 3 Rabari Naran
Ganga is aged about 49, appellant no. 4 Rabari Kanti
Ganga is aged about 32 years and appellant no. 5 Rabari
Rana Ganga is aged about 35 years, as on today. It was
stated that appellants - Khima Ganga and Dalit Devshi
were arrested on 15.11.2001, appellant Naran Ganga came
to be arrested on 17.11.2001, appellant Kanti Ganga also
came to be arrested on 17.11.2001 and appellant Rana
Ganga came to be arrested on 29.1.2002. It is stated
that since their arrest till today, they have not been
released from jail, though during trial vide order of the
Apex Court, they were directed to be released on bail,
but before the bail order could be served, final judgment
of the sessions case was pronounced by the trial court
and hence, almost each of the appellants are in jail for
about 3 years, though trial court in pursuance of the
order of the Apex Court released the accused - appellants
but since the final order was pronounced, the
appellants-accused surrendered themselves. All through
out, from the date of the arrest, each of the appellant
is in jail, which period comes to about 3 years. None of
the appellant has any criminal record. Each of the
appellant is law abiding citizen and therefore it is
urged that the sentence of imprisonment be reduced to
undergone and an opportunity to reform themselves be
provided to them by this court. The complainant, in
whole episode had one grievous injury and that was a
