Bhura @ Ramsewak Noriya vs The State Of Madhya Pradesh
2021 Latest Caselaw 7503 MP

HIGH COURT OF MADHYA PRADESH PRINCIPAL SEAT AT JABALPUR



CRIMINAL APPEAL NO.                            666/2020
APPELLANTS                     BHURA @ RAMSEWAK NORIYA AND OTHERS

                                       VS.

                               STATE OF MADHYA PRADESH
Bench Constituted              Single Bench
Judgment delivered By          HON'BLE SHRI JUSTICE VISHAL DHAGAT
Whether       approved   for
reporting
Name of counsel for parties For appellants: Shri Santosh Sahu, Advocate.

                               For Respondent/State: Shri Gaurav Tiwari, Panel Lawyer.

Law laid down Significant paragraph number

(J U D G M E N T) 17/11/2021

Appellants have filed this appeal being aggrieved by judgement dated

09.11.2019 passed by learned First Additional Sessions Judge, Narsinghpur

(MP), in Session Trial No.60/2019, convicting and sentencing the appellants

under section 307/34 of the Indian Panel Code and sentencing them to

undergo rigorous imprisonment for five years each and fine of Rs.2500/-

each and in default, to undergo further R.I. for six months.

2. Appellants have filed Interlocutory Application No.14361/2021 for

permission to compound the offence. It is stated in the application that

complainant and appellants have developed good relationship and

complainant/victim does not want to prosecute the case against the appellant

any more. Dispute between the parties has amicably been settled and

therefore prayer is made that appellants be permitted to compound the

offence.

3. This Court on 25.10.2021 passed an order to Registrar (J-II) for

verification of compromise deed between the parties. Registrar (J-II) on

26.10.2021 had reported that there was voluntary compromise between the

complainant and appellants. Complainant was not under any threat or

inducement to settle the dispute. Complainant made statement that he had

amicably resolved the dispute with the appellants-accused persons and

compromise arrived at between the parties is genuine and authentic.

Referring to aforesaid verification done by Registrar (Judicial), counsel for

the appellants submitted that since there is compromise between the parties,

therefore, appellants be permitted to compound the offence and they may be

acquitted.

4. Learned Panel Lawyer for the State opposed the prayer of petitioner.

5. Heard the counsel for the appellants as well as State.

6. Offence under Section 307/34 of the Indian Panel Code is not

compoundable, therefore, application i.e. IA No.14361/2021 for

compounding offence filed by appellants is rejected.

7. At this stage, counsel for the appellants submitted that both the

appellants are in jail since 19.02.2019 and thereafter, their application for

suspension of sentence were dismissed on 17.03.2020 and repeat application

for same filed by appellants were also dismissed and presently appellant are

in jail. Appellants are in jail for more than 21/2 year (about 2 years 9

months), therefore, in view of compromise entered between the parties term

of sentence be reduced to the period already undergone by appellants in

judicial custody.

8. Considering the facts that complainant has compromised the matter

with the appellants and he wants to have cordial relationship with the

appellants in future and wants to end up all the differences with them,

therefore, prayer made by counsel for appellants can be considered.

Appellants have already served half of their jail sentence.

9. In view of same, conviction of appellants is affirmed and sentence of

appellants is modified to the extent they are sentenced to undergo rigorous

imprisonment for a period of jail sentence which they had already

undergone in jail till today. Fine amount of appellants is enhanced from Rs.

2500/- to Rs.10000-10000/- on each of appellants which shall be deposited

by them before the trial Court within one month and on failure to deposit the

enhanced fine amount, appellants will undergo further R.I. of six months

each. If fine amount is deposited by appellants before the trial Court then

appellants be released from jail immediately.

10. With aforesaid modification in sentence, appeal filed by the appellant

is partly allowed and disposed of.

(VISHAL DHAGAT) JUDGE shabana Digitally signed by SHABANA ANSARI Date: 2021.11.18 17:14:59 +05'30'