2014 (5) TMI 1218 - HC - Indian Laws

Trial for offence under Section 307, 326, 324 IPC by the SHO of Police Station Garshankar - parties have arrived at a compromise - HELD THAT - This Court in authorities reported as Lal Chand v. State of Haryana, 2008 (12) TMI 819 - PUNJAB AND HARYANA HIGH COURT and Chhota Singh v. State of Punjab, 1997 (12) TMI 667 - PUNJAB AND HARYANA HIGH COURT , allowed the compounding of offence in respect of offence under Section 326 IPC at the Appellate stage, where the Court came to the conclusion that it will be a starting point in maintaining peace between the parties. So, relying upon the abovesaid authorities, the appeal stands accepted, the judgment and order of conviction stands set aside and the accused stands acquitted in view of compromise - A copy of the judgment be sent to trial Court for compliance.

Summary

Issues: Appeal against conviction under Sections 307 and 326 IPC, Compromise during pendency of appeal, Compounding of offence under Section 326 IPC at the Appellate stage.

Analysis:

1. Conviction under Sections 307 and 326 IPC:
The appellant was put on trial for offences under Sections 307, 326, 324 IPC. The trial court acquitted the accused of the offence under Section 307 IPC but convicted him under Section 326 IPC, sentencing him to rigorous imprisonment for 2 years and a fine. The appellant appealed against this judgment, challenging the conviction under Section 326 IPC.

2. Compromise during Pendency of Appeal:
A CR.M. was filed stating that the matter had been compromised by the parties. The State counsel was provided with a copy of the compromise, but no reply was filed. The complainant's counsel submitted an affidavit confirming the compromise between the parties.

3. Compounding of Offence under Section 326 IPC:
The Court referred to previous judgments allowing the compounding of offences at the Appellate stage to maintain peace between the parties. Citing cases such as Lal Chand v. State of Haryana and Chhota Singh v. State of Punjab, the Court accepted the appeal, set aside the conviction, and acquitted the accused based on the compromise between the parties.

The judgment highlighted the legal principles regarding the compounding of offences at the Appellate stage, emphasizing the importance of maintaining peace between the parties. The Court's decision to accept the appeal and acquit the accused based on the compromise reflects the application of established legal precedents in similar cases. The matter was resolved through the acknowledgment of the compromise, leading to the setting aside of the conviction under Section 326 IPC and the acquittal of the accused.