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1987 DIGILAW 781 (SC)

Narendra Kumar Alias Makiya v. State Of Rajasthan

1987-08-19

A.P.SEN, B.C.RAY

body1987
(1) SPECIAL leave granted. (2) ON the last occasion on 26/11/1986, we were informed that the parties had arrived at a settlement and a prayer was made for leave to compound the offence and we accordingly called for a report. The learned Additional Sessions Judge, Kota by his report dated 30/07/1987 has certified that the parties appeared before him and stated that they had entered into a compromise. (3) THE offence under S. 307 of the Indian Penal Code, 1860 is not compoundable and therefore we examined the records to satisfy us whether the offence is made out. We find it difficult to sustain the conviction of the appellant under S. 307 of the Indian Penal Code. The appellant assaulted the deceased with a sword on a vital part of the body like the neck. The testimony of the doctor however shows that the injuries were of a simple nature and were not likely to cause death. That being so, the appellant could only be convicted under S. 324 of the Indian Penal Code. (4) IN view of this, the parties are allowed to compound the offence punishable under S. 324 of the Indian Penal Code on condition that the appellant pays to the complainant Public Witness 1 Shri Chandra a sum of Rs. 3,000.00 by way of compensation for the injuries suffered by him. This will be in addition to the amount of Rs. 3,000.00 already deposited by him towards costs. (5) HAVING heard learned counsel for the parties, we think a sentence of rigorous imprisonment for a period of two years will meet with the ends of justice. Subject to this modification in the sentence, the special leave petition is dismissed. (6) TAKING an overall view of the facts and circumstances and having heard learned counsel for the parties, we think a sentence of rigorous imprisonment for eighteen months will meet with the ends of justice. Subject to this modification in the sentence, the special leave petition is dismissed.