BANTA SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Criminal miscellaneous 7153 of 1998 has been filed along with this criminal appeal. Prayer now made is for the disposal of this case by granting permission to compound the offence under section 307 read with Section 34 of the Indian Penal Code or with an alternative prayer that the appeal itself may be disposed off by reducing the sentence already under one by the accused - appellants.

(2.) IN all three accused/appellants were prosecuted and convicted by the learned Additional Sessions Judge, Kaithal for the offence under Sections 307/34, I.P.C. Prosecution case in brief, is that these three accused fired firearms and caused injuries to six persons. The prosecution case indicate that the incident was provoked on the issue of rivalary over leadership in some Association.

(3.) SINCE the matter is now sought to be disposed off on the ground that the parties have settled their differences and have compounded the offence and no more are interested in prosecuting the matter further, it has become necessary to examine the propriety of granting permission to dispose off the matter in view of the compromise between the two sides. For that purpose it has become necessary to take into consideration certain factors. One of the factors that matters in this case is the number of persons injured and the nature of injuries sustained by them.