- (1.) CRM-63706 of 2012 in CRR 1536 of 2002 The complainant has filed CRM-63706-2012 seeking permission to place on record the compromise and the affidavit of the complainant and the injured persons. The said application is allowed for the reasons stated therein and the revision-petitioner/complainant is permitted to place on record the above documents. Main case
(2.) This order shall dispose of all the aforementioned cases as the same arise out of the same incident. Totally, 12 accused faced trial in which accused Charanjit Singh, Daljit Singh, Harbans Singh and Gurnam Singh were convicted under Section 307 read with Section 34 of the Indian Penal Code (for short "IPC") and were sentenced to undergo rigorous imprisonment for three years each and to pay a fine of Rs.2000/- and in default of payment of fine, to undergo further period of two months rigorous imprisonment. The above four accused have jointly filed an appeal, namely, CRA-S-383-SB of 2002 challenging the above conviction and sentence passed by the trial Court. Aggrieved by the acquittal of 8 accused and the lesser sentence imposed by the trial Court on the convicted accused, the State preferred an appeal CRA-D-803-DBA of 2002 and the complainant on his part has preferred CRR-1536 of 2002.
(3.) The revision petitioner/complainant has also preferred CRM- 63705-2012 praying for withdrawal of criminal revision petition preferred by him on account of the compromise struck between the parties. Though the offence under Section 307 IPC is not compoundable, it has been held by the Hon'ble Supreme Court that the fact that the parties have compromised the matter can be taken into account for the limited purpose of reducing the quantum of sentence. The offence was allegedly committed way back on 7.11.1994. The parties hail from the same village having buried the difference that arose between them. They have started living peacefully in the village. For these reasons, they have entered into a compromise.;