MOHD. SAHID Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) MOHD . Sahid (the appellant) was convicted under Section 307 IPC by a judgment dated 27.09.2012 of learned Additional Sessions Judge in Sessions Case No. 77/11 arising out of FIR No. 35/11 PS Ranjit Nagar registered under Section 307 IPC. By an order dated 28.09.2012 he was sentenced to undergo RI for seven years with fine Rs. 50,000/ -.

(2.) DURING the course of hearing of the appeal, the appellant gave up challenge to the findings on conviction and prayed to modify the sentence order. It was pointed out by the appellant's counsel that the victim has settled the dispute with the appellant and he has no objection to release him for the period already undergone. Earlier Crl.M.A.No. 8086/2013 was moved under Section 482 Cr.P.C. for quashing of the proceedings. Since the offence under Section 307 IPC was non - compoundable the application was dismissed by an order dated 20.05.2013 with the observation that the factum of settlement will be considered at the time of disposal of the appeal on merits and to consider the quantum of sentence (if any). On 21.01.2014, the Investigating Officer was directed to verify if the matter has been settled by the complainant with his free consent. He was also directed to ensure the presence of the complainant before this Court. Today, the complainant has appeared and informed that he has settled the dispute with the appellant without any fear or pressure. He prays to release the appellant. On being specifically asked if he desired compensation to be paid by the appellant, he categorically stated that he did not need any compensation particularly when the appellant suffering from various ailments was physically incapable to generate any income. Learned Addl. Public Prosecutor has given no objection to modify the sentence order in view of the peculiar features of the case where the matter has been settled under Section 307 IPC.

(3.) THIS Court in 'Shahzad vs. State', Crl.A. 358/2012, decided on 22.02.2013 observed :