- (1.) M. C. Agarwal, J. This is an appeal by appellants Shriram Singh and his son Ajai Kumar against the judgment and or der dated 8-9-1979 passed by the III Addi tional Sessions Judge, Nainital whereby they were convicted for offences under Sections 324, 324/34, 326 and 326/34, IPC for causing hurt to Bhumahesh Chandra and Smt. Bhagwati Devi and were sentenced to undergo rigorous imprisonment for a period of two years each under Sec tion 324, IPC two years rigorous impris onment under Section 324/34, IPC and three and a half years rigorous imprison ment for each of the offences under Sec tions 326 and 326/34, IPC. All the sen tences have been ordered to run concur rently.
(2.) DURING the pendency of this appeal the parties entered into a compromise which has been filed vide application No. 32325 of 1995 dated 13-7-1995 annexing therewith the affidavits of the victims Bhumahesh Chandra and Smt. Bhagwati Devi which were sent to the Chief Judicial Magistrate, Nainital for verifica tion and have been received after verifica tion. According to the affidavits the parties have developed good relations and want that Ajai Kumar appellant be acquitted. So far as the appellant Shriram is concerned he has died. The affidavits also state that most of the injuries were caused by appel lant Shriram deceased. The appeal of Shri ram has, therefore, abated. As regards Ajai Kumar appellant the offence under Section 324, IPC is compoundable with the leave of the court while an offence under Section 326, IPC is not compoundable. A permission to com pound the offence under Section 324, IPC is hereby granted. However, since an of fence under Section 326, IPC cannot be compounded in terms of provisions of Section 320, Cr PC that offence cannot be allowed to be compounded. The commis sion of the offence is admitted in the compromise petition. Sri Ravindra Rai, learned counsel for the appellant, therefore, contended that looking to the circumstances of the case the sentence of imprisonment be reduced to the period already undergone. It was pointed out that at the time of incident he was a young lad of 17 years of age and other accused being his father the boy must have acted under the father's influ ence. It was also contended that since the parties are neighbours and have in due course of time developed cordial relations and the victims do not want to punish him any more, the sentence of imprisonment be reduced to the period already undergone. The record shows that the appellant Ajai Kumar was under detention during the trial for a short time and then after his conviction the Court granted bail to him.
(3.) IN view of the compromise, the de sire of the victims and other circumstances of the case the appellant's appeal against conviction under Section 326, IPC de serves to be partly allowed so as to reduce the sentence awarded to him to period al ready undergone. In the result, this appeal is partly allowed as under:;