AKBAR Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) A first information report was lodged by the informant/injured Virendra Kumar against Nem Chandra, Tasabbur Husain, Akbar, Bhagwan Prakash and Prem Shankar on 10.12.2000, in PS Kichha, District Rudrapur, for the offences punishable under Sections 307, 504 and 506 of IPC. After the investigation, charge -sheet against the said accused persons was submitted in respect of the selfsame offences. When the trial commenced, charges against them were framed in respect of offences punishable under Sections 307, 504 and 506 of IPC, to which they pleaded not guilty and claimed trial. The accused persons underwent the trial. After considering the evidence on record, learned trial court, vide judgment and order dated 12.12.2003, convicted appellant Akbar for the offence under Section 307 IPC and sentenced him accordingly. Co -accused Nem Chandra, Tassavur Husain, Bhagwan Prakash and Prem Shankar were however, acquitted of the charges levelled against them. Aggrieved against the conviction and sentence, Akbar preferred this criminal appeal.

(2.) CRMA No. 825 of 2014 was filed by the injured Virendra Kumar for permitting him to compound the offence punishable under Section 307 IPC against the accused -appellant Akbar. Virendra Kumar was present in person before the Court on 19.06.2014, duly identified by his counsel Mr. Vipul Sharma, Advocate. Another injured Bhagwan Das was also present in person, duly identified by his counsel before the Court on such date. Informant/injured persons submitted that they are not willing to prosecute the accused. They submitted that since the dispute has been resolved with the intervention of few elderly persons, therefore, they have exonerated the accused. They seek permission to compound the offence for which the appellant was convicted. Accused Akbar is present before the Court. He is duly identified by his counsel Mr. D.C.S.Rawat, Advocate.

(3.) AN offence punishable under Section 307 IPC is non -compoundable offence within the scheme of Section 320 of Cr.P.C. The question is whether the injured -persons should be permitted to compound such an offence against the accused /appellant or not?