KHOKAN MALAKAR Vs. STATE OF TRIPURA

JUDGEMENT

(1.) THE petitioner has been convicted by the learned Chief Judicial Magistrate, North Tripura, Kailashahar under Section 326of the Indian Penal Code (for short 'the Code') vide judgmentdated 19.5.2001passed in Case No. GR 318 of 1998 and sentenced to undergo rigorous imprisonment for three years and also to pay a fine of Rs.500/-, i/d/. to suffer further S.I. for three months.

(2.) ALTHOUGH the offence for which the petitioner was convicted and sentenced is a non-compoundable one, but during the pendency of this revision petition, the victim Shri Paresh Malakar and the accused-petitioner jointly filed an application before this Court which was registered as Crl.M.Application No.81 of 2011 for exercising the inherent power of this Court for compounding the offence as both the victim petitioner and the accused-petitioner are cousin brothers and there was a case and counter-case between the parties and the incident happened at the hit of moment.

(3.) MR. A.Ghosh, learned Addl. Public Prosecutor appearing for the respondent State upon perusal of the application for compounding the offence and taking note of the fact that both the accused-petitioner and the victim are in the Court along with their relatives and have stated that the matter has been amicably settled between the parties would contend that the Court can reduce the sentence, but the offence cannot be compounded in view of the decision of the Apex Court in Jalaluddin (supra).