PARASMAL & ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The accused-petitioners have challenged the judgment dated 22.05.2009, passed by the Sessions Judge, Jalore, whereby the learned Judge has dismissed the appeal filed by the petitioners and has confirmed the order and judgment dated 27.09.2008, passed by the Chief Judicial Magistrate, Jalore. Vide judgment dated 27.09.2008, the learned Magistrate while convicting the petitioners for offence under Section 147 IPC, has granted them the benefit Section 3 of Probation of Offenders Act and has merely warned them to maintain peace and tranquility during the period of sentence.

(2.) Since some of the accused-petitioners happen to be Government servants, their anxiety is that even grant of probation may adversely affect their service career. The learned counsel for the accused-petitioners has contended that even before the learned trial court, the complainant and the accused-petitioners had entered into a compromise. On the basis of the compromise, the accused petitioners were acquitted for offences under Sections 323 IPC. However, they have been convicted for offence under Section 147 IPC. Considering the fact that both, the complainant and the accused-petitioners belong to same family, the offence committed by the accused-petitioners was at a personal level. According to the learned counsel, the Hon'ble Supreme Court has repeatedly held that where the crime is committed more at a personal level and less at a public level, on the basis of the compromise entered between the parties, the accused-persons can be acquitted. According to the learned counsel, the parties have already entered into a compromise. Therefore, he has prayed that the accused-petitioners should be acquitted for offence under Section 147 I.P.C.

(3.) The aim of criminal justice system is not merely to punish the guilty, but also to ensure that disputes which have arisen between the parties are settled peacefully. Since in the present case, the parties have already entered into a compromise, no fruitful purpose would be served by convicting the accused-petitioners for offence under Section 147 IPC. Moreover, in case the said conviction were to adversely affect the service life of some of the accused-petitioners, there is a great likelihood that disputes may again suddenly arise between the parties.