ZAMEER AHMAD Vs. STATE

JUDGEMENT

(1.) BY Crl. M.A.No. 8195/2013 the Appellants seek compounding of the offences punishable under Section 147/148/307 IPC read with 149 IPC and in case of Appellant Babu Khan Section 27 Arms Act as well.

(2.) IN the appeal the Appellants challenge the judgment dated 28 th January, 2003 convicting them for offences punishable under Sections 147/148/307 IPC read with 149 IPC and in case of Appellant Babu Khan under Section 27 Arms Act as well and the order on sentence dated 27 th February, 2003 directing them to undergo RI for 1 year u/s 147 IPC, 1 year RI u/s 148 IPC and 2 and a half years RI each u/s 307 read with Section 149 IPC and to pay a fine of Rs. 1000/- by each convict and in default of payment of fine to further undergo SI for 1 month by each convict. Appellant No.5 Akbar Ali son of Bittan has already passed away and thus appeal qua him stands abated.

(3.) LEARNED APP on the other hand contends that in the present case the Appellants have been convicted for offence under Section 307 IPC read with Section 149 IPC. The allegation is of inflicting a gunshot injury and in view of seriousness of the offence, no quashing/ compounding can be permitted. Reliance is placed on Ishwar Singh Vs. State of Madhya Pradesh AIR 2009 SC 675 and Rajendra Harakchand Bhandari & Ors. Vs. State of Maharashtra & Anr. AIR 2011 SC 1821.