KASHMIR SINGH AND OTHERS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The appellants, namely, Kashmir Singh, Gurmit Singh, Harnek Singh, Mohinder Singh, Gurnam Singh, Deoti Bai and Jito Bai @ Kakko Bai along with Jit Singh were tried for committing offences punishable under Sections148/450/326/324/323/435/149 IPC on the allegations that on 18.3.1995 at about 10.30 a.m., they had caused injuries to Mohinder Singh son of Balu Singh and Gango Bai wife of Balu Singh. On the basis of statement made by injured Mohinder Singh, FIR was registered against appellants and Jit Singh. During the trial of the case, Jit Singh died and proceedings against him were accordingly dropped. Vide judgment and order dated 11.10.2002, the learned Additional Sessions Judge, Ferozepur, acquitted the appellants of the charges under Section 450 and 435 IPC. However, they were convicted and sentenced as follows:-

(2.) All the sentences were ordered to run concurrently. The period of detention suffered by the appellants during investigation and trial was ordered to be set off against the sentences awarded to them. Hence, the present appeal. This Court need not go further into the merits of the case for the reason that during the pendency of the appeal the parties have seen sense in setting the matter amicably so that the bickering between the parties come to an end for all times to come. In this regard, the appellants placed on record the compromise deed dated 2.5.2014. As both Mohinder Singh son of Balu Singh and Gango Bai wife of Balu Singh have since died, the compromise deed was duly signed by Kulwant Singh son of Balu Singh and Amarjit Singh son of Mohinder Singh son of Balu Singh. Copy of the compromise deed was brought on record by the appellants by filing an application under Section 320 (5) Cr.P.C. for allowing them to compound the offences. When the miscellaneous application filed by the appellants under Section 320 (5) Cr.P.C. for allowing them to compound the offences came up for hearing on 21.1.2015, the parties were directed to get their statements recorded before the Ilaqa Magistrate. Pursuant to the same, both the parties appeared before learned Judicial Magistrate 1st Class, Jalalabad (w) on 23.1.2015 and suffered statements that the matter stood compromised with the intervention of the respectables and without any coercion or pressure from any side. Not all the offences are compoundable in nature.

(3.) However, the factum of compromise can be taken as a mitigating circumstance in order to determine the quantum of sentence which is to be imposed upon the convicts.