Punjab-Haryana High Court
Satyabir And Or vs State Of Hry on 29 October, 2014
Author: Sabina
Bench: Sabina
Crl. Appeal-S-2429-SB of 2004 (O&M) -1-
In the High Court of Punjab and Haryana at Chandigarh
Criminal Appeal-S-2429-SB of 2004 (O&M)
Date of decision: 29.10.2014
Satyabir and others ......Appellants
Versus
State of Haryana ......Respondent
CORAM: HON'BLE MRS. JUSTICE SABINA
Present: Mr. Jitender Nara, Advocate
for appellants No. 2 and 3.
Ms. Loveleen Dhaliwal Singla, Sr. DAG, Haryana.
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SABINA, J.
Appellants along with their co-accused had faced the trial qua commission of offence punishable under Section 148, 307, 325, 323 read with Section 149 of the Indian Penal Code, 1860 ('IPC' for short) in FIR No. 200 dated 19.5.1999, registered at Police Station Jhajjar. Trial Court vide judgment/order dated 25.11.2004/26.11.2004 ordered the conviction and sentence of the appellants under Section 148, 325, 323 read with Section 149 IPC. Hence, the present appeal by the appellants.
During the pendency of the appeal, appellant No. 1- Satybir and appellant No. 4-Tatbir have since died. Consequently, proceedings qua them stand abated.
So far as appellants No. 2 and 3 are concerned, learned counsel has submitted that the parties have amicably settled their dispute and the parties be permitted to compound the offence. GURPREET SINGH
Injured-complainant Kanwal Singh and injured Karanbir 2014.10.31 15:57 I attest to the accuracy and authenticity of this document Chandigarh Crl. Appeal-S-2429-SB of 2004 (O&M) -2- are present in person and have admitted the factum of compromise between the parties and have stated that they may be permitted to compound the offence and they have no objection if the appellants are ordered to be acquitted. They have tendered on record their affidavits in this regard.
In the present case, although, FIR in question was registered under Section 148, 323, 325, 307 read with 149 IPC but the appellants were acquitted of the charge framed against them under Section 307 IPC. Appellants were convicted and sentenced qua commission of offence punishable under Section 148, 323, 325 read with Section 149 IPC. So far as offence under Section 323 IPC is concerned, the same is compoundable and so far as offence under Section 325 is concerned, the same is compoundable with the permission of the Court. Since the main offence qua which the appellants were convicted and sentenced by the Trial Court, are compoundable, parties are permitted to compound the offence as with a view to live in peace, they have settled their dispute. Parties are closely related to each other.
Accordingly, this appeal is allowed. Judgment/order 25.11.2004/26.11.2004 passed by the Trial Court, are set aside. Appellants No. 2 and 3 are ordered to be acquitted as the offence has been compounded by the parties.
(SABINA) JUDGE October 29, 2014 Gurpreet GURPREET SINGH 2014.10.31 15:57 I attest to the accuracy and authenticity of this document Chandigarh