Tejbir and Others vs State of Haryana

Kanwaljit Singh Ahluwalia, J.—In the present appeal, the accused � appellants have assailed the judgment of Addl. Sessions Judge, Karnal whereby they have been convicted and sentenced to undergo RI for 5 years and to pay a fine of Rs. 2000/-for committing offence punishable u/s 307 IPC read with Section 34 of IPC and in case default of payment of fine, they were ordered to undergo RI for three months. They were further sentenced to undergo RI for a period of six months for committing an offence u/s 323 read with Section 34 IPC.

During the pendency of the appeal, compromise dated 2.05.2003 annexed as Annexure A-1 and also exhibited as A-1 was arrived between the parties. In occurrence, two persons Om Pal and his maternal uncle Babu Ram were injured. They have placed on record Affidavits Annexures A-2 and A-3. The same are exhibited by this Court as Ex.PA-2 and Ex.PA-3. Statement of injured Babu Ram and Om Pal and accused Tejbir, Jagbir and Dalbir have been recorded separately. The same may be read as part of this judgment.

Sh. Arvind Singh, Advocate appearing for the appellants has stated that he will not assail the conviction but pray to this Court that taking compromise into consideration, sentence of the accused be reduced to the period already undergone. He has relied upon Ram Pujan and Others Vs. State of Uttar Pradesh, and Surendra Nath Mohanty and Anr. v. State of Orissa 1992(2) All ICri LR 415 to contend that it has been consistently held by the Courts that the hour of the compromise between the parties is the finest hour. It is further submitted that if the appellants are sent behind the bars it may disturb the prevailing peace.

I have recorded the statement of the parties. They have stated that they intend to promote everlasting peace, amity and harmony and bring an end to family feud and bad blood between the parties.

In view of the compromise arrived at between the parties and ratio of law noticed above by this Court, sentence awarded upon the appellants is reduced to the period already undergone. With this modification in order of sentence, the appeal is disposed of.