NARENDRA KUMAR ALIAS MAKIYA Vs. STATE OF RAJASTHAN

JUDGEMENT

(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.