STATE OF RAJASTHAN Vs. SHAMBHU KEWAT

JUDGEMENT

(1.) Leave granted.

(2.) Respondents herein were charge-sheeted for the offences punishable under Sections 307, 323, 325, 427 read with Section 34 IPC. They were tried before the Court of Additional Sessions Judge, Fast Track No. 1, Kota, Rajasthan. From the side of the prosecution, PWs 1 to 5 were examined and Exh. P1- P12 were produced. From the side of defence, second accused was examined as DW1. The Sessions Court, after hearing the parties and considering the oral and documentary evidence, found the accused persons guilty of the offence punishable under Section 307 read with Section 34 IPC, but acquitted them of the rest of the charges, vide its order dated 9.7.2009. Later, the accused persons were heard on sentence, and they stated that they are not habitual criminals and are aged 26 and 28 years, respectively. Further, it was pointed out that they are poor labourers married and have children. Further, it was also pointed out that the injuries were caused due to sudden provocation, and were not pre-meditated. After hearing the accused and the prosecution, the trial Court, on sentence, passed the following order:

(3.) Aggrieved by the order of conviction and sentence, the accused persons approached the High Court by filing S.B. Criminal Appeal No. 825 of 2009. When the appeal came up for hearing, on 16.11.2011, the complainant, Abdul Rashid who was present in the court, stated that he and the accused persons had entered into a compromise and, based on that compromise, he had received the compensation amount from the accused persons for the injuries caused to him. Consequently, it was pointed out that he did not wish to pursue the appeal. Learned counsel appearing for the complainant submitted before the High Court that since the parties had buried the differences and since offence committed was 'against an individual', rather than 'against the State', no fruitful purpose would be served by keeping the accused persons behind the bars, and hence, it was requested that the case be compounded and the appeal be allowed.