Poonam vs The State Of Madhya Pradesh
2021 Latest Caselaw 4040 MP

                                      1                           CRA-10729-2019
        The High Court Of Madhya Pradesh
                   CRA-10729-2019
                        (POONAM Vs THE STATE OF MADHYA PRADESH)

11
Jabalpur, Dated : 06-08-2021
       Heard through Video Conferencing.
       Mr.Manikant Sharma, learned counsel for the appellant.
       Mr.Sachin Ranghuvanshi, learned P.L. for the respondent/State.

This criminal appeal has been filed by the appellant u/s 374(2) of the Code of Criminal Procedure against the impugned judgment of conviction

and sentence dated 22.11.2019 passed by trial Court in Sessions Trial No.64/2017 whereby the appellant has been convicted for offence u/s 307 of IPC and sentenced to undergo RI for 7 years with fine of Rs.2,000/- with default stipulations.

Learned counsel for the appellant submitted that the complainant and appellant have filed I.A.No.4190/2020 u/s 320(5) of Cr.P.C. and I.A.No.4191/2020 u/s 320(2) of Cr.P.C. for grant of permission to compound/compromise the offence as the parties have amicably entered into compromise and resolved their dispute. The aforesaid applications are

supported by affidavits. It is further submitted that if testimony of injured and opinion of doctor is properly appreciated the impugned judgment cannot be sustained.

This Court vide order dated 21.6.2021 directed the parties to appear before the Registrar (Judicial-II) for verification of compromise.

In compliance of order of this Court dated 21.6.2021 the Registrar (J- II) has submitted his report dated 02.8.2021 wherein it has been verified that parties have voluntarily compromised the matter amicably and resolved their dispute without any fear or threat.

Learned Panel Lawyer submitted that offence under section 307 of IPC is non-compoundable.

The prosecution case is that injured sustained injury from stick blow.

2 CRA-10729-2019 The Doctor found contusion and swelling over his eyes and also found lacerated wound on the left eyebrow sizing 0.5 X 0.2 c.m.. He further found three fractures in head and bleeding over left ear.

Considering the over all facts and circumstances of the case, testimony of the injured person/complainant which is corroborated by the medical evidence, and appreciating the evidence on record and findings recorded by

the trial Court, the conviction of the appellant u/s 307 of IPC hereby affirmed. Although offence u/s 307 of IPC is non-compoundable, however, taking into account that parties have compromised the matter amicably which has been verified by the Registrar (J-II) vide his report dated 02.8.2021 and injuries sustained by the victim, the sentence awarded to the appellant is hereby reduced to the period already undergone.

The appellant is in jail since the date of judgment i.e. 22.11.2019 he be released forthwith, if not required in any other offence.

Accordingly, the appeal is disposed of.

Record of the court below be sent back immediately alongwith the copy of this judgment for information and necessary action.

(SMT. ANJULI PALO) JUDGE

RM

Signature Not Verified SAN

Digitally signed by RAJESH T MAMTANI Date: 2021.08.06 18:33:34 IST