FAIZAN AHMAD Vs. STATE OF U P

JUDGEMENT

(1.) C. A. Rahim, J. This appeal has been preferred against the judgment and order pronounced by the Sessions Judge Saharan-pur on 10-5-1979 in S. T. No. 410 of 1978, convicting appellant under Section 307, I. P. C. and sentenced to undergo R. I. for three years.

(2.) THE prosecution case, in brief, is that when the complainant's son demanded re payment of Rs. 570 due from the accused at about 2 p. m. on 21-10-1978 and while he was passing in front of the shop of the Jani, the accused appellant abused the complainant's son Nasir Ahmad and then he took out a knife from his pocket stabbed Nasir Ahmad at his abdomen and two other places. He raised an alarm on which Ghafoor (P. W. 6) and one Rafiq came there and the accused ran away from the place. Ghafoor took him to hospital in a rickshaw where he was ex amined at 2. 20 p. m. On his person three incised wounds were found at the abdomen, left little finger and upper part of the left fore-arm. All the injuries were bleeding. Injury No. 1 was kept under observation. THE other two injuries were simple in na ture. He was admitted to the hospital and was operated upon surgically. Injury No. 1 was then found to be grievous. THE injury extended into abdominal cavity deep inside where omentum was found cut at three places. Rafiq called Bhoora, father of Naseer soon after the incident who met him in the hospital where Nasir told him about the incident. Bhoora went to the police sta tion and get a report scribed by one Gur-charan Singh and submitted it to the police station which was treated as first informa tion report. A case under Section 324, I. P. C. was registered. THE kurta and baniyan which were on the person of Nasir at the time of the incident were stained with blood and those were handed over by Bhoora to the police station. Later on 2-11-1978 S. I. , B. D. Jakhmola took up the investigation. He recorded the statements of the witnesses, including injured Nasir, went to the place of occurrence and prepared one site plan. Nasir remained at the hospital for about fourteen days. After completion of inves tigation a charge-sheet was submitted on 4-11-1978 under Section 307, I. P. C. and charge was framed accordingly.

(3.) THE special circumstances in which the Supreme Court directed the lower court to accord permission to compound the of fence are not present in the instant case It is not a case where the trial Judge has ac quitted the accused or that the accused holds any special status in the society. Moreover, I find that the Legislature in its wisdom has made Section 307, I. P. C. non-compoundable it may be within the domain of the Supreme Court to give direction for according permission to compound an of fence which law does not permit. I do not think the High Court has such power. In the instant case the prosecution case is that the accused was working as a carpenter in the shop of the victim on a monthly salary of Rs. 200 about 1-1/2 or 2 years ago. THE victim used to make advance payment for which he owed Rs. 570 from the accused which he did not pay. Another circumstance should also be considered in this connection is that the accused inflicted knife injury on the ab domen which according to the doctor was grievous and dangerous to life. Considering all the circumstances I do not find any reason to give permission to compound the offence, as prayed for.