NIHAL SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) The appellants were convicted and sentenced under Sec. 307 Indian Penal Code to undergo five years rigorous imprisonment.

(2.) During pendency of this appeal the parties are alleged to have entered into compromise and a compromise deed was filed alongwith an affidavit on 4.2.1994. The matter was referred to the Chief Judicial Magistrate, Bulandshahr for verification of the said compromise. The Chief Judicial Magistrate, Bulandshahr by his report dated 4/7.10.1994 verified the compromise arrived at between the parties after recording the statement of the parties and their legal heirs.

(3.) Their is no dispute about the legal proposition as has been laid down in two decisions of Honourable Supreme Court reported in A.I.R. 1988 (Supreme Court) page 2111 and 1989 Criminal Law Journal page 121 that even during pendency of appeal if the parties enter into a compromise the court after satisfying itself about the genuineness of the compromise and other circumstances may record the compromise.