JUDGMENT : K.S. Jhaveri, J. 1. Criminal Appeal No. 53 of 2009 by the appellants-original accused arises out of judgment and order dated 23-12-2008 passed by the learned Sessions Judge, Bhavnagar, in Sessions Case Nos. 190 of 2006 and 240 of 2006 whereby original accused were convicted and sentenced to suffer RI for six months and to pay fine of Rs. 500/-, in default, to suffer further imprisonment for fifteen days for the offence punishable under section 143 read with section 149 of IPC, RI for one year and to pay fine of Rs. 500/-, in default, to suffer further imprisonment for 30 days for the offence punishable under section 147 read with section 149 of IPC, RI for one year and to pay fine of Rs. 1000/-, in default, to suffer further imprisonment for 30 days for the offence punishable under section 148 read with section149 of IPC, imprisonment for life and to pay fine of Rs. 2,000/-, in default, to suffer further imprisonment for one year for the offence punishable under section 302 read with sections 149 and114 of IPC and RI for seven years and to pay fine of Rs. 1,500/-, in default, to suffer further imprisonment for six months for the offence punishable under section 307 read with sections 149 and114 of IPC. Criminal Appeal No. 205 of 2009 filed by the appellants-original accused arises out of the judgment and order dated 22-1-2009 passed by the learned Sessions Judge, Bhavnagar, in Sessions Case No. 189 of 2006 whereby original accused were convicted and sentenced to suffer RI for six months and to pay fine of Rs. 500/-, in default, to suffer further imprisonment for fifteen days for the offence punishable under section 143 read with section 149 of IPC, RI for one year and to pay fine of Rs. 500/-, in default, to suffer further imprisonment for 30 days for the offence punishable under section 147 read with section 149 of IPC, RI for one year and to pay fine of Rs. 1000/-, in default, to suffer further imprisonment for 30 days for the offence punishable under section 148 read with section149 of IPC and RI for seven years and to pay fine of Rs. 1,500/-, in default, to suffer further imprisonment for six months for the offence punishable under section 307 read with sections 149 and114 of IPC. 1000/-, in default, to suffer further imprisonment for 30 days for the offence punishable under section 148 read with section149 of IPC and RI for seven years and to pay fine of Rs. 1,500/-, in default, to suffer further imprisonment for six months for the offence punishable under section 307 read with sections 149 and114 of IPC. All the sentences were ordered to run concurrently. Accused were given benefit of set off for the period undergone in jail. 2. As both these appeals arise out of the same incident involving cross cases, with the consent of learned advocates appearing for the respective parties, they were heard together and are being decided by this common judgment. 3. Short facts of the cases of the prosecution (Sessions Case No. 189 of 2006) are that on 27-5-2006 at about 1930 hours in Village Zalia (Manaji) near the house of the complainant, the accused persons namely, accused No. 1 inflicted injuries with axe on the complainant on skull, Gigabhai Jalabhai on head, Jalabhai Hamirbhai on head and Lomabhai Gilabhai on leg, accused No. 6 inflicted axe injuries on Hajibhai Kadubhai on head, accused No. 8 inflicted injuries on Devuben Hamirbhai on left hand, accused No. 11 inflicted injuries on Gigabhai Jalabhai on head and Devuben on her body, accused No. 12 inflicted injuries with wooden stick on Lomabhai Gilabhai on head, complainant Hamabhai on left leg, Gigabhai Jalabhai and Jala Hamir on head and accused No. 15 inflicted injuries with wooden stick on Kadubhai Lakhmanbhai on head and Parmanandbhai Kumvarjibhai. A complaint was, therefore, filed by the complainant against the accused with Palitana Rural Police Station registered as C.R. No. I-33 of 2006 for the offences punishable under sections 307, 143, 147, 148, 149, 504 and 114 of IPC. Facts of the cross complaint filed by the complainant (Sessions Case Nos. 190 of 2006 and 240 of 2006) inter alia are that on 27-5-2006 at about 1930 hours in Village Zalia (Manaji) near the house of Gilabhai, when complainant Hama Arjan, his elder brother Jabrabhai Arjanbhai and his father Arjanbhai were leaving on their motor cycle, the accused persons inflicted serious injuries on Jabrabhai Arjanbhai and fatal injuries on Arjanbhai with deadly weapons like wooden stick pipe, sword, etc. and Arjanbhai died due to injuries suffered by him. and Arjanbhai died due to injuries suffered by him. A complaint was, therefore, filed by the complainant against the accused with Palitana Rural Police Station registered as C.R. No. 32 of 2006 for the offences punishable under sections 302,307, 143, 147, 148, 149, 504 and 114 of IPC and 135 of B.P. Act. In pursuance of aforesaid complaints, investigation started and as there appeared prima facie case against the accused, charge sheets were filed against respective accused persons. 3.1 As the offences were triable exclusively by Court of Sessions, the learned Magistrate committed the cases to the Court of Sessions wherein case filed by the complainant Hamabhai Gilabhai was numbered as Sessions Case No. 189 of 2006 while cases filed by Hamabhai Arjanbhai were registered as Sessions Case Nos. 190 of 2006 and 240 of 2006. Thereafter charges were framed against the accused which were read over and explained to the accused. The accused pleaded not guilty to the charges and claimed to be tried. Hence, the prosecution was asked to prove the guilt against the accused. 3.2 To prove the guilt against the accused, prosecution examined following witnesses in Sessions Case No. 189 of 2006: P.W. No. Name of witness Exhibit No. 1 Maheshbhai Gopabhai 30 2 Dineshbhai Jivabhai Baraiya 32 3 Mulubhai Thobhanbhai 33 4 Hamabhai Gilabhai 60 5 Khalidbhai Sumarbhai 68 6 Hakimbhai Osmanbhai 72 7 Sadikbhai Shekhubhai 74 8 Imranbhai Adambhai 83 9 Dr. Mukeshbhai Anilbhai Shah 88 10 Dr. Kalpanaben Harshadbhai Chauhan 100 11 Dr. Tejasbhai Shashikantbhai Doshi 109 12 Gigabhai Jalabhai 117 13 Jalabhai Hamirbhai 119 14 Lomabhai Gilabhai 120 15 Pravinbhai Damjibhai Manvar 128 16 Jaydipsinh Harvijaysinh Sarvaiya 135 3.3 The prosecution also relied on following documentary evidence: Sr. No. Description Exhibit No. 1 Panchnama of scene of offence 31 2 Panchnama of body position of the accused 34 3 Order for investigation 35 4 Janvajog Entry 36 5 Yadi to PSI 37 6 Yadi to Dr. No. Description Exhibit No. 1 Panchnama of scene of offence 31 2 Panchnama of body position of the accused 34 3 Order for investigation 35 4 Janvajog Entry 36 5 Yadi to PSI 37 6 Yadi to Dr. Dinesh Shah by PSI 40 7 Report to add serious offence 42 8 Panchnama of blood of accused 43 9 Yadi to Medical Officer to take blood of accused 45 10 Report taking custody os blood sample of the accused 46 11 Order stating that accused is at home 47 12 Panchnama of taking blood sample of the accused 49 13 Notification Prohibiting arms 51 14 Muddamal sent to FSL 53 15 Muddamal receipt 54 16 FSL opinion 55 17 Serological report 58 18 Complaint of Hama Gila 61 19 Panchnama of house of accused 64 20 Map of scene of offence 65 21 Panchnama of arrest of jabra Arjan 69 22 Panchnama of surname of the accused 71 23 Panchnama of surname of the accused 75 24 Medical Certificate of Devuben by Sir. T. Hospital 89 25 Medical Certificate of Gila Haja by Sir. T. Hospital 90 26 Medical Certificate of Kadu Deva by Sir. T. Hospital 92 27 Medical Certificate of Haja Kadu by Sir. T. Hospital 93 28 Medical Certificate of Hama Gila by Sir. T. Hospital 94 29 Medical Certificate of Kadu Laxman by Sir. T. Hospital 95 30 Medical Certificate of Devuben by Pakitana Government Hospital 101 31 Medical Certificate of Gila Haja by Pakitana Government Hospital 102 32 Medical Certificate of Kadu Deva by Pakitana Government Hospital 103 33 Medical Certificate of Haja Kadu by Pakitana Government Hospital 104 34 Medical Certificate of Hama Gila by Pakitana Government Hospital 105 35 Medical Certificate of Kadu Laxman by Pakitana Government Hospital 106 36 Medical Certificate of Zala Hamir by Pakitana Government Hospital 107 37 Medical Certificate of Loma Gila by Pakitana Government Hospital 108 38 Certificate admitting Giga Zala in the Hospital of Dr. Shah 110 39 Certificate for further treatment for Gila Zala 111 40 Certificate admitting Zala Hamir in the Hospital of Dr. Shah 112 41 Certificate for further treatment for Zala Hamir 113 42 Certificate Admitting Loma Gila in the Hospital of Dr. Shah 114 43 Certificate for further treatment for Loma Gila 115 3.4 To prove the guilt against the accused, prosecution examined following witnesses in Sessions Case Nos. Shah 112 41 Certificate for further treatment for Zala Hamir 113 42 Certificate Admitting Loma Gila in the Hospital of Dr. Shah 114 43 Certificate for further treatment for Loma Gila 115 3.4 To prove the guilt against the accused, prosecution examined following witnesses in Sessions Case Nos. 190 of 2006 and 240 of 2006: P.W. No. Name of Witness Exhibit No. 1 Maheshbhai Gopabhai 31 2 Dineshbhai Jivabhai Bariya 33 3 Bhayabhai Danabhai 41 4 Hamabhai Arjanbhai 47 5 Megabhai Bhavanbhai 49 6 Hajibhai Mamjibhai 53 7 Kishorbhai Ramubhai Barot 58 8 Gobarbhai Bhagvanbhai 60 9 Aatubhai Khodabhai 66 10 Lakhabhai Sondabhai 69 11 Ghanshyambhai Jadavbhai 70 12 Nanjibhai Ukabhai 73 13 Mohanbhai Tapubhai 74 14 Vallabhbhai Bhavanbhai 77 15 Kanjibhai Ranabhai 81 16 Kanubhai Samantbhai 82 17 Ajitbhai Dhirubhai Gadhvi 86 18 Malabhai Danabhai 88 19 Jivanbhai Sadthhabhai 89 20 Damjibhai Narshibhai 90 21 Alpeshbhai Ashokbhai 92 22 Ansarali Mahammadali Rajani 93 23 Jikarbhai Usmenbhai 95 24 Dr. Mukeshbhai Anilbhai Shah 100 25 Dr. Satishbhai Dinkarray Kalele 118 26 Amrubhai Bhagvanbhai 122 27 Jabrabhai Arjanbhai 122 28 Aathubhai Lakhabhai 127 29 Rambhai Khodabhai 129 30 Jaydipsinh Harvijaysinh Sarvaiya 131 31 Pravinbhai Damjibhai Manvar 135 32 Bhagvanbhai Ramjibhai Kanani 148 3.5 The prosecution also relied on following documentary evidence: Sr. Mukeshbhai Anilbhai Shah 100 25 Dr. Satishbhai Dinkarray Kalele 118 26 Amrubhai Bhagvanbhai 122 27 Jabrabhai Arjanbhai 122 28 Aathubhai Lakhabhai 127 29 Rambhai Khodabhai 129 30 Jaydipsinh Harvijaysinh Sarvaiya 131 31 Pravinbhai Damjibhai Manvar 135 32 Bhagvanbhai Ramjibhai Kanani 148 3.5 The prosecution also relied on following documentary evidence: Sr. No. Description Exhibit No. 1 Panchnama of scene of offence 32 2 Panchnama of blood sample 34 3 Panchnama of blood sample of accused devayat Kalu 35 4 Panchnama of blood sample of accused Davayat Kalu 36 5 Panchnama of blood sample of Zala Hamirbhai 37 6 Panchnama of clothes wore by the deceased 38 7 Panchnama of blood sample of Loma Gila 39 8 Panchnama of blood sample of Doha Gila 40/79 9 Panchnama of blood Position of Atu Lakha 42 10 Panchnama of Surname of Hama Gila 50 11 Panchnama of surname of Devayat Kalubhai 54 12 Panchnama Of surname of Zala Hamirbhai 62 13 Panchnama of seizure of weapon produced by Loma Gila 71 14 Discovery panchnama 75 15 Panchnama of clothes of Dhoha Gila 78 16 Panchnama of surname of Dhoha Gila 80 17 Inquest panchnama 87 18 Spot Panchnama 91 19 Panchnama of surname of Loma Gila 94 20 Spot Panchnama of Inquiry of Shoha Gila 96 21 Medical certificate of amubhai 101 22 Medical certificate of Hama Arjun 102 23 Medical certificate of Jabra Arjun 104 24 Medical certificate of Puniben Virabhai 105 25 Medical certificate of Saguben Virabhai 106 26 Case papers of Saguben 107 27 Case papers of Jabra Arjan 108 28 Case papers of Hama Arjun 109 29 Case papers of Anu Bhagvan 110 30 P.M. note of Arjan Lakhman 119 31 Yadi for filling inquest 132 32 Marnotar form 133 33 Yadi for performing P.M. 134 34 Yadi for Janvajog Entry 845/06 135 35 True copy of Station dairy 137 36 Yadi to take blood sample of the accused 138 37 On the spot Order 139 38 Report of serious offence 140 39 True copy of Station dairy 141 40 Medical Certificate of Gila Haja 142 41 Muddamal Forwarding note 149 42 Receipt of muddamal 151 43 Yadi for PSL serological receipt 152 44 Serological report 153 45 Notification prohibiting arms 154 46 Yadi for investigation of C.R.No.I-32/06 158 47 Yadi for janvajof investigation 159 48 Yadi for investigation 160 49 Order entrusting investigation 161 50 Yadi to Circle Inspector to prepare map 162 51 Mao of scene of offence 163 52 Outwarding of FSL preliminary opinion 164 53 Serological report 165 54 FSL outward yadi 167 55 Preliminary report 168 56 Preliminary report 169 3.6 After filing of closing pursis by the prosecution, further statements of accused under Sec. 313 of Cr.P.C. were recorded. On conclusion of trial and upon hearing the learned advocates appearing for the respective parties, the impugned judgments and orders were delivered by the trial court giving rise to the present appeals. 4. Heard Mr. J.M. Panchal, learned Advocate for Mr. Abhiraj Trivedi for original accused Nos. 1, 11 and 12 and Mr. Radhesh Vyas for Mr. Yatin Soni, learned advocate for the original accused Nos. 2 to 10 (Sessions Case No. 189 of 2006) in Criminal Appeal No. 53 of 2009 as well as for the original complainant (Sessions Case Nos. 190 of 2006 and 240 of 2006) in Criminal Appeal No. 205 of 2009, Mr. Zubin F. Bharda, learned advocate for the original accused Nos. 1 to 16 (Sessions Case Nos. 190 of 2006 and 240 of 2006) in Criminal Appeal No. 205 of 2009 as well as for the complainant (Sessions Case No. 189 of 2006) in Criminal Appeal No. 53 of 2009 and Ms. C.M. Shah, learned Additional Public Prosecutor, for the State in all the matters. 5. It is reported that original accused Nos. 2 and 7 in Criminal Appeal No. 53 of 2009 and original accused No. 16 in Criminal Appeal No. 205 of 2009 have expired. Copies of their death certificates are placed on record. In view of the same, Criminal Appeal No. 53 of 2009 qua original accused Nos. 2 and 7 and Criminal Appeal No. 205 of 2009 qua original accused No. 16 are abated. 6. Before making effective hearing, learned advocates appearing on behalf of the respective accused in both the appeals jointly stated that in view of the cross cases and in view of the affidavits filed by the parties except accused Nos. 2 and 7 in Criminal Appeal No. 53 of 2009 and original accused No. 16 in Criminal Appeal No. 205 of 2009, who have expired, instead of ordering the accused to undergo the remaining period of sentence to be undergone by them, some reasonable amount be ordered to be paid to the Gram Panchayat for better sanitation of the Village. They, therefore, requested that considering the peculiar facts and circumstances of the case, remaining sentence to be undergone by the accused may be substituted by payment of appropriate amount which may be fixed by this Court in view of a decision of the Hon'ble Supreme Court in the case of Ankush Shivaji Gaikwad Vs. They, therefore, requested that considering the peculiar facts and circumstances of the case, remaining sentence to be undergone by the accused may be substituted by payment of appropriate amount which may be fixed by this Court in view of a decision of the Hon'ble Supreme Court in the case of Ankush Shivaji Gaikwad Vs. State of Maharashtra, reported in (2013)6 SCC page 770. 7. Learned APP, Ms. C.M. Shah, did not dispute the facts narrated by the learned advocates for the accused. She, however, voluntarily told the Court that if legally entitled, the accused may be given the benefit. 8. We have gone through oral as well as documentary evidence on record together with the impugned judgments as well as the suggestion made by learned advocates for the respective accused for substituting remaining period of sentence to be undergone by the accused by payment of appropriate amount to the Gram Panchayat for better sanitation of the Village. 9. We have also considered the affidavits filed in the matters. We have also inquired from the concerned Police Station and it is known that now the families of both the sides have settled in their lives. It is also known that no untoward incident took place since the year 2009 and peace is completely prevailing there since then. Therefore, in the interest of justice, it would be appropriate to invoke the principle rendered in Ankush Gaikwad's case (supra) in favour of the accused in the larger public interest by ordering the accused to pay an amount of Rs. 2,50,000/- (Rupees Two Lakhs Fifty Thousand only) by each party in lieu of the remaining period of sentence to be undergone by the accused, which has been accepted by the parties. Hence, both the appeals require to be allowed in part. 10. Criminal Appeal No. 53 of 2009 qua original accused Nos. 2 and 7 and Criminal Appeal No. 205 of 2009 qua original accused No. 16 are abated. While confirming the conviction, the remaining period of sentence to be undergone by the original accused in both the appeals shall be substituted by giving benefit of provisions of section 357 of Cr.P.C. in view of the principle laid down by the Hon'ble Apex Court in Ankush Shivaji Gaikwad v. State of Maharashtra, (2013) 6 SCC 770 , by payment of an amount of Rs. 2,50,000/- (Rupees Two Lakh and Fifty Thousand only) by each party to be deposited within a period of six months before the Registry of the concerned Sessions Court, which, in turn, shall be paid to the concerned Gram Panchayat on proper verification and identification by account payee cheque to be used only for the public purpose of sanitation. Bail bond, if any, stands cancelled. The impugned judgment and order dated 23-12-2008 passed by the learned Sessions Judge, Bhavnagar, in Sessions Case Nos. 190 of 2006 and 240 of 2006 and also judgment and order dated 22-1-2009 passed by the learned Sessions Judge, Bhavnagar, in Sessions Case No. 189 of 2006 are accordingly modified to the aforesaid extent. Remaining part of the impugned judgments is unaltered. Accordingly, both the appeals stand partly allowed. Record and proceedings shall be sent back forthwith to the trial court.