Kailash @ Kaluram @ Kalu vs State Of Rajasthan ...
2025 Latest Caselaw 11844 Raj

Citation : 2025 Latest Caselaw 11844 Raj
Judgement Date : 17 April, 2025

Rajasthan High Court - Jodhpur

Kailash @ Kaluram @ Kalu vs State Of Rajasthan ... on 17 April, 2025

Author: Pushpendra Singh Bhati

Bench: Pushpendra Singh Bhati

[2025:RJ-JD:18789-DB]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                  D.B. Criminal Appeal (Db) No. 232/2024

Kailash @ Kaluram @ Kalu S/o Sh. Jogaram, Aged About 27
Years, R/o Janiyobn Ki Dhani, Uchiyaarda Ps Banar Dist. Jodhpur
Raj. (Presently Lodge In Central Jail Jodhpur)
                                                                      ----Appellant
                                       Versus
State Of Rajasthan, Through PP
                                                                    ----Respondent


For Appellant(s)             :     Mr. Nishant Bora
For Respondent(s)            :     Mr. Ramesh Dewasi, PP
                                   Mr. Raghunath Bishnoi
                                   Mr. Bhikha Ram Bishnoi



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

HON'BLE MR. JUSTICE SANDEEP SHAH

Order

17/04/2025

1. Learned counsel for the parties jointly submit that a

compromise has been reached between the parties regarding the

conviction under Section 307/34, 326, and Section 3/25 of the

Arms Act. They further submit that the parties in close relation.

The details of the compromise, which has been brought on record,

reflect the relationship between the parties, and are reproduced as

follows:-

01- ;g gS fd ifjoknh i{k ,oa vfHk;qDrx.k dSyk"k mQZ dkyqjke mQZ dkyw ,oa fyPNkjke mQZ y{e.k ,d gh ifjokj ds lxs ppsjs HkkbZ gS] gekjs ,oa vfHk;qDrx.k ds ifjokj ds chp xkao esa eqf[k;ku ds le{k yksd vnkyr dh Hkkouk ls jkthukek gks x;k gS] rFkk nksuks ifjokjksa ds chp py jgs fookn dks [kRe dj fy;k]

[2025:RJ-JD:18789-DB] (2 of 4) [CRLAD-232/2024]

rFkk "kkafr ls jg jgs gSA eq> vkgr "kSrkujke dks yxh xksyh fdlds ?kj ls pyh] o fdl rjQ ls vk;h] eq>s irk ugha pyk FkkA vc pwfa d gekjs nksuks ifjokjksa ds chp xkao esa vkilh yksd vnkyr dh Hkkouk ls jkthukek gks x;k gS] ge bl eqdnes dks vkxs ugha pykuk pkgrs gSA

2. The counsel for the parties further submit that without going

into the merits of the case, the Court may consider reducing the

sentence in accordance with the prevailing law laid down by the

Hon'ble Supreme Court in the case of Manjeet Singh v. The State

of Punjab & Anr., Criminal Appeal No. 1090 of 2019 arising out of

SLP No. 82 of 2018. The relevant portion of the judgment is

reproduced as follows:

(6) Section 307 I.P.C. is a non-compoundable offence. No permission can be granted to record the compromise between the parties. In Ishwar Singh v. State of Madhya Pradesh, (2008) 15 SCC 667, the Supreme Court of India has held that in a non-compoundable offence the compromise entered into between the parties is indeed a relevant circumstance which the Court may keep in mind for considering the quantum of sentence. In Paras (13) and (14) of the judgment in Ishwar Singh (supra) this Court has held as under:

"13. In Jetha Ram v. State of Rajasthan, (2006) 9 SCC 255, Murugesan v. Ganapathy Velar, (2001) 10 SCC 504 and Ishwarlal v. State of M.P., (2008) 15 SCC 671, this Court, while taking into account the fact of compromise between the parties, reduced sentence imposed on the appellant- accused to already undergone, though the offences were not compoundable. But it was also stated that in Mahesh Chand v. State of Rajasthan, 1990 Supp. SCC 681 such offence was ordered to be compounded.

[2025:RJ-JD:18789-DB] (3 of 4) [CRLAD-232/2024]

14. In our considered opinion, it would not be appropriate to order compounding of an offence not compoundable under the Code ignoring and keeping aside statutory provisions. In our judgment, however, limited submission of the learned counsel for the appellant deserves consideration that while imposing substantive sentence, the factum of compromise between the parties is indeed a relevant circumstance which the Court may keep in mind."

(7) As noted earlier, in the present case the appellant- accused, Manjit Singh, has been sentenced to undergo imprisonment for five years. The appellant is said to have served seventeen months of imprisonment. Taking note of the compromise entered into between the parties and considering the relationship of the parties and the facts and circumstances of the case and also the sentence undergone by the appellant-accused, the sentence of imprisonment imposed upon the appellant under Sections 307 and 324 I.P.C. is reduced from five years/two years to the period already undergone by him. The appellant is ordered to be released forthwith unless his presence is required in any other case. In view of the compromise entered into between the parties, the fine amount of Rs.50,000/- imposed upon the appellant is set aside. If the said fine amount has already been paid, the same shall be refunded to the appellant-Manjit Singh.

3. The counsel pointed out that the appellant has undergone

actual custody for a period of four years as of 2020, resulting in a

total custody duration of approximately four and a half years. The

custody report is on record and indicates that, as of 21.10.2024,

the appellant had completed four years, one month, and two days

of custody.

4. The Learned Public Prosecutor opposes the matter on its

merits but is, at the same time, unable to refute the applicability

of the law laid down by the Hon'ble Apex Court in the matter of

[2025:RJ-JD:18789-DB] (4 of 4) [CRLAD-232/2024]

Manjeet Singh (supra). Therefore, this Court, relying on the

judgments in Manjeet Singh and Ishwar Singh, finds that in the