HARMOHINDER KAUR SANDHU,J - (1.) SUKHDEV Singh and Swaranjit Singh were tried for an offence under Section 307/34 of the Indian Penal Code for causing fire arm injuries to one Amar Singh. They were held guilty by Additional Sessions Judge, Ferozepur vide judgment dated 14-5-1987. Sukhdev Singh was sentenced to undergo Rigorous Imprisonment for 4 years and to pay a fine of Rs. 7,000/- under Section 337 of the Indian Penal Code and also to undergo Rigorous Imprisonment four years under section 307 read with section 34 of the Indian Penal Code. Swaranjit Singh was sentenced to undergo Rigorous Imprisonment for four years and to pay a fine of Rs. 5,000/- for the offence under Section 307 of the Indian Penal Code and also to undergo Rigorous Imprisonment for 4 years under section 307/34 of the Indian Penal Code. Both these sentences were to run concurrently. Aggrieved by the judgment recording their conviction Sukhdev Singh and Swaranjit Singh filed the present appeal. During the pendency of the appeal, the appellants moved an application under Section 482 of the Code of Criminal Procedure alleging that they had effected a compromise with Amar Singh injured and in view of the compromise the sentence awarded to them may be reduced to the period already undergone. They produced an affidavit by Amar singh and compromise deed executed by him with the appellants with respect to the incident leading to the conviction of the appellants.
(2.) THE affidavit furnished by Amar Singh shows that he had voluntarily effected compromise with the appellants to bring an end to bad blood between the parties and to create harmonious relations. He has affirmed that no ill will remains between him and the appellants. In view of the fact that the parties have compromised, learned counsel for the appellants did not address any arguements on the merits of the appeal and he only prayed that since the parties have effected compromise that may be taken since the parties have effected compromise that may be taken into consideration in the matter of sentence. In support ofhis contention he placed reliance on the case of Rajinder Singh v. The State (Delhi Admn.), AIR 1980 SC 120 which was a case under Sections 325 and 452 of the Indian Penal Code. The compromise between the parties was taken into consideration and the sentence was reduced to already undergone. The occurrence in this case took place in the year 1986 and now the parties have come to terms and relations between them have become harmonious, so it is a fit case where the appellants should not be sent to jail. I, therefore, maintain the conviction of the appellants but their sentences is reduced to the period already undergone by them. The sentence of fine and the sentence imposed in default of payment of fine, shall stay.;