LACHHMAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) FIVE appellants, namely, Kartar Singh, Mukhtiar Singh, Lachhman Singh, Maan Singh and Mohinder Singh stand convicted and sentenced to rigorous imprisonment for five years and a fine of Rs. 500, in default further rigorous imprisonment for three months, each under Section 302/149 of the Indian penal Code by the Additional Sessions Judge, Faridkot, vide his order dated Ist September, 1984. Kartar Singh and Mukhtiar Singh have preferred Criminal Appeal No. 565 -SB of 1984 against their conviction and sentence while Lachhman Singh, Maan Singh and Mohinder Singh have filed Criminal Appeal No. 550 -SB of 1984 against their conviction and sentence. Both these appeals would be disposed of by this order since these arise out of one and the same judgment.

(2.) ON 18th December, 1983, the appellants are alleged to have caused injuries to Bhanga Singh PW when they were armed with various types of weapons. The occurrence was witnessed by Ninder Kaur daughter of Bhanga Singh injured.

(3.) BOTH Bhanga Singh and her daughter Ninder Kaur have sworn affidavits stating that the appellants are their collaterals and that with the intervention of their relations and respectable compromise has been brought about between them. The village panchayat has also filed an application to the same effect. Although the offence of which the appellants have been convicted is non -compoundable but the factum of compromise can be taken into account for determining the quantum of sentence. Support to this view can be sought from Ram Pujan and others v. State of Uttar Pradesh, AIR 1973 SC 2418. Resultantly, I reduce the sentence of imprisonment of the appellants to the one already undergone by them. The sentence of fine and of imprisonment in default of the payment thereof and the order regarding the payment of Rs. 1,500 as compensation to Bhanga Singh injured would, however, remain undisturbed. But for this modification both these appeals fail and are hereby dismissed. Appeal dismissed.