SARFARAZ @ HAIDER & OTHERS Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) A first information report was lodged by the informant Banda Hasan against Sarfaraz @ Haider, Jabir, Shaheed, Mustafa, Islam and Lateef on 24.06.2009, in PS Kotwali Laksar, District Haridwar, for the offences punishable under Sections 147, 148, 149, 307, 323, 452, 504 and 506 IPC. A separate FIR was also lodged against accused-appellant Sarfaraz & Haider for the offence punishable under Section 25 Arms Act. 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 the offences punishable under Sections 147, 148, 149, 307, 323, 452, 504 and 506 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 15.12.2014, convicted appellants Sarfaraz @ Haider, Jabir, Shaheed, Mustafa, Islam and Lateef for the offences under Sections 147, 148, 149, 307, 323, 452, 504 and 506 IPC and sentenced them accordingly. Accused-appellant Sarafraz @ Haider was also convicted for the offence punishable under Section 25 Arms Act. Aggrieved against the conviction and sentence, Sarfaraz @ Haider, Jabir, Shaheed, Mustafa, Islam and Lateef, preferred this Criminal Appeal. Accused- appellant Sarafraz @ Haider has filed separate Criminal Appeal against his conviction under Section 25 Arms Act.

(2.) Crma No. 1388 of 2016 has been filed by the both the parties for permitting them to compound the offences punishable under Sections 147, 148, 149, 307, 323, 452, 504 and 506 IPC against the accused-appellants. Appellant no. 6 Lateef is reported to have died. Injured persons, namely, Rustam, Naushad and Mukarram, and Banda Hasan (informant) are present in person, duly identified by their counsel Mr. Gaurav Singh, Advocate. Injured persons submitted that they are not willing to prosecute the accused persons. They submitted that since the dispute has been resolved with the intervention of few elderly persons, therefore, they have exonerated the accused persons. They seek permission to compound the offences for which the appellants were convicted. All the accused persons are present before the Court. They are duly identified by their counsel Mr. Parikshit Saini, Advocate.

(3.) Whereas offences punishable under Sections 323, 504 and 506 of IPC are compoundable offences within the scheme of Section 320 of Cr.P.C., offences punishable under Sections 147, 148, 149, 452 and 307 of IPC are not. The question is whether the injured-persons should be permitted to compound such offences against the accused /appellants or not