A.M.BHATTACHARJEE, J. - (1.) After hearing the learned counsel for the petitioner and the State and examining the records ourselves, we have not been able to discover any infirmity in the Order of conviction, passed by the trial Judge and affirmed in appeal, to warrant our interference in revision. But for the reasons stated hereunder we propose to alter the sentence.
(2.) The accused, convicted u /S. 307 of the Penal Code, has been sentenced to imprisonment for five years. The victim of the offence is now dead and before us in this Court, the heirs of the victim of the offence have filed an application praying that the parties may be granted permission to compound the offence and the accused-petitioner may be acquitted. As provided in S. 320(4)(b) of the Criminal P. C. when the person who would otherwise be competent to compound the offence is dead, his legal representatives may, with the consent of the Court, compound such offence. But the offence u/S. 307 of the Penal Code, not being compoundable u/S. 320 or any other provision of the Criminal P. C., the victim himself, if alive, could not be permitted to compound the offence and, therefore, could transmit no right to his heirs to pray for such permission.
(3.) Though the position ought to have been the same even without the aid of the provisions of S. 320(6), the sub-section has nevertheless expressly provided that "a High Court or Court of Session acting in the exercise of its powers of revision u/S. 401 may allow any person to compound any offence which such person is competent to compound under this Section". We are, however, afraid that the expression "powers of revision u/S. 401" is rather inappropriate in respect of Court of Session, which exercises powers of revision, not u/S. 401, but under S. 399, which, and which alone, defines and determines the revisional powers of a Court of Session and has made the powers exercisable by the High Court u/S. 401, also available to the Court of Session. We must also note the provisions of S. 320(9), which, without leaving the matter to the ambivalent and ambulatory rules of interpretation of statutes, has categorically provided that "no offence shall be compounded except as provided under this S. 320.";