MOHD. MOIN Vs. THE STATE

JUDGEMENT

(1.) This Appeal is directed against a judgment dated 21.01.2012 and an order on sentence dated 25.01.2012 passed by the learned Additional Sessions Judge ("ASJ") in Sessions Case No.83/2009 FIR No.378/2007 registered at Police Station Chandni Mahal whereby the Appellant was held guilty for the offences punishable under Sections 307/34 IPC. He was sentenced to undergo Rigorous Imprisonment (RI) for a period of five years and to pay a fine of Rs. 1000/- or in default of payment of fine to undergo Simple Imprisonment (SI) for a period of three months for the offence punishable under Section 307/34 IPC.

(2.) At the time of hearing of the Appeal, an application being Crl.M.A. No._______/2013(to be registered) under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) was moved by the two injured, that is, Asim and Asif stating that with the intervention of respectable persons of the locality and friends there was an amicable settlement between the parties. In view of the settlement, the Complainants/injured wanted to forgive and forget the offence committed by the Appellant and have cordial relations with the Appellant. It was stated that both the Appellants may be released on the basis of the sentence already undergone by them. Both the victims also filed Affidavits in support of the application moved by them.

(3.) I have also questioned both the victims. They stated that they have voluntarily compromised the matter with the Appellant and they have also been paid a sum of Rs. 20,000/- towards treatment received by them in respect of the injuries.