ANGREZ SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) ANGREZ Singh, appellant, was convicted under section 307, Indian Penal Code and Section 27 of the Arms Act and sentenced to five years' rigorous imprisonment and a fine of Rs. 500 on the first count and six months' rigorous imprisonment on the second count by the learned Additional Sessions Judge, Karnal. In default of payment of fine, he was ordered to undergo further six months' rigorous imprisonment. Both the substantive sentences were ordered to run concurrently. His co -accused Harbhajan Singh, Gurmej Singh, Joga Singh, Waryam Singh and Kashmir Singh were also tried alongwith him but they were given the benefit of doubt and acquitted. Hence this appeal by Angrez Singh against his conviction and sentence.

(2.) MR . Harbans Singh, learned counsel for the appellant, says that the parties have compromised and he has also filed a compromise deed on the record. This is signed by Jagir Kaur wife of Sukhchain Singh injured, who is insance and is missing and was not even produced at the trial. her son Punjab Singh (P.W. 6) and her brother Sukha Singh are also present. They all say that the compromise has been effected by the parties. Although the offence under section 307, Indian Penal Code, is non -compoundable, but in view of the principle of law as laid down by their Lordships of the Supreme Court in Ram Pujan and others v. State of Uttar Pradesh, AIR 1973 S.C. 2418, the the fact of compromise can be taken into account in determining the quantum of sentence. The appellant has undergone about four months' rigorous imprisonment. In view of the compromise, the sentence of imprisonment is reduced to that already undergone. However, the sentence of fine is maintained. Fine, if realized, shall be paid to Jagir Kaur wife of Sukhchain Singh injured P.W.

(3.) EXCEPT for the modification in the sentence as indicated above, the appeal fails and is dismissed. Order accordingly.