S.S.DEWAN, J. - (1.) AMARJIT Singh and his brother Surinder Singh accused were brought to trial for committing murderous assault on Raju PW and having been found guilty thereof, the former was convicted under the substantive charge of section 307 Indian Penal Code while the latter was convicted under the same offence with the aid of section 34 Indian Penal Code and each of them was sentenced to seven years' rigorous imprisonment. Amarjit Singh and Surinder Singh filed two separate appeals, Crl. Appeal Nos. 109-SB/1981 and 97-SB 1981, respectively. This judgment will govern both the appeals.
(2.) THE prosecution case in brief is that on 13.5.1980 at about 6.30 p.m. Raju PW while sitting on the hind seat of motor-cycle NO. CHU 7996 driven by Harinder Kumar was proceeding in Sector 27-D. Chandigarh, from the front of the house No. 3176 belonging to the parents of the accused who are brother inter se. The accused persons gave a lalkara and the motor cycle stopped nearby. Surinder Singh alias Babbi accused inflicted lathi blows on the right shoulder of Raju. When caught hold of the lathi then Amarjit Singh alias Minti weilded a blow with the help of a chain-cover but the same was caught by Harinder Kumar. It was then that Amarjit Singh took out a knife and plunged it in the chest of Raju. He also gave two more knife blows in his chest. Then Harinder Kumar started the motor cycle and took the injured with him. The injured reached the P.G.I. Chandigarh at about 7 p.m. Dr. Sanjiv Dewan PW 2 medically examined Raju and found the following injuries on his person : 1. Lacerated wound 1.5 cms. X 2 irregular margins, skin deep, 3 cms. left of Xyp sternum. 3.3.5 X 1.5 X 1.5 cms. clean-cut wound on Ist intericestal space right side 2 cms. lateral to margin of sternum. Injuring lung, air being sucked into it. 3.1.3 cms. clean-cut wound in right axilla just posterior to anterior axillary line about the apex of axilla. 2. A.S.I Ishwar Singh investigated the case. He recorded the statement Ex. P1 of Raju at about 8.20 p.m. on the same day and that formed the basis of the formal F.I.R. Ex. P1/2, registered at the Police station. 3. Dr. Sanjiv Dewarn operated upon the injured and opined, vide his report Ex. PD/1, that injury No. 2 was sufficient to cause death in the absence of medical aid. This opinion was further certified by the opinion Ex. PS/1 that the said injury was sufficient to cause death in the ordinary course of nature. The accused were arrested on 16.5.1980. After necessary investigation, the accused were challenged and committed. 4. The occular testimony consists of Raj PW 4 who got the impress of injuries on his person. Ishwar Singh ASI (PW 6) is the main investigating officer. The remaining evidence is to subsidiary and formal nature. 5. The accused when examined under Section 313, Code of Criminal Procedure, denied the prosecution allegations and pleaded false complicity in the case. Shri N.R. Soni Advocate, was examined in defence. 6. The only question with which I am concerned is about the sentence. In this respect I find that an application for compromise on behalf of the injured prosecution witness has been filed in this court. It is stated in the application that some respectables of Sector 27-D, Chandigarh, have brought about the compromise between the appellants and the injured who are residing in the same Sector and have amicably settled their dispute and want to live in peace. As it is, in my opinion, not necessary to send the appellants to Jail. The major offence for which the appellants have been convicted, is no doubt non-compoundable but the fact of compromise can be taken into account in determing the quantum of sentence. It would in my opinion, meet the ends of justice if the sentence of imprisonment awarded to the appellants is reduced to the period already undergone by them provided each of the appellants pays a sum of Rs. 3.000/- as fine for the offences under Sections 307 and 307/34, Indian Penal Code. In default of payment of fine, each of the appellants shall undergo rigorous imprisonment for a period of one year. Out of the fine, if realized, whole of it shall be paid to Raju PW as compensation. I order accordingly. Order accordingly.;