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(2024) Law Today Live Doc. Id. 19311
Decided on: 11.06.2024
Presence:
Mr. Milinda Sharma, learned counsel holding brief of Mr. Vijay Bhatt, learned counsel for the appellant/applicant.
Mr. K.S. Bora, learned Deputy Advocate General with Mr. S.C. Dumka, learned AGA and Mr. J.P. Kandpal, learned Brief Holder for the State.
Mr. D.K. Joshi and Mr. B.S. Negi, learned counsel(s) for the respondent-informant.
Indian Penal Code, 1860 (45 of 1860), Section 307 – Code of Criminal Procedure, 1973 (2 of 1974), Section 374 -- Attempt to murder – Compromise compounding/ quashing after conviction – 7 years’ rigorous imprisonment with fine of Rs.10,000/- by Trial court, appeal pending since 2015 -- Compounding application moved by the appellant as well as by the informant -- Respondent No.2/informant contended that he does not want to press the criminal proceedings further against the applicant/accused as the grievances of the informant have settled outside the Court -- Compounding application allowed -- Impugned judgment and order by which the appellant/accused was convicted set aside -- Appellant/accused acquitted of the charges of Section 307 of I.P.C. on the basis of the compromise.
(Para 2-8)
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PANKAJ PUROHIT, J. (ORAL) –
This appeal is listed on Compounding Application No.2570 of 2024 duly supported with the affidavit of appellant/applicant and informant.
2. The present criminal appeal has been preferred by the appellant against the judgment and order dated 09.03.2015 passed by learned District & Sessions Judge, Bageshwar in Session Trial No.10 of 2014 State of Uttarakhand Vs. Nandan Singh, whereby, the appellant was convicted under Section 307 IPC and was sentenced for 07 years’ rigorous imprisonment with fine of Rs.10,000/-.
3. Applicant/accused-Nandan Singh Farswan and respondent-informant-Jagdish Singh Farswan are present in the Court and they are duly identified by their respective counsel.
4. According to the case of the prosecution, Shir Jagdish Singh S/o Shri Mahendra Singh, since injured, moved an application (Ext.Ka-1) on 11.04.2014 to the Revenue Officer, Village Vajula informing him that on the same day i.e.11.04.2014, at about 06:30 in the evening, appellant-Nandan Singh Farswan s/o Shri Man Singh Farswan assaulted his father on head with a sharp edged weapon (Bariyat). Shri Mahendra Singh has sustained injuries. He was admitted to the hospital and Doctor has suggested the C.T. Scan for the Head. The informant-Jagdish Singh requested for necessary action according to law. On the basis of this information, FIR (Ext.Ka-5) was registered on 11.04.2014 at about 11:30 PM. After conducting the investigation, the Investigating Officer (Village Revenue Officer) filed the charge sheet and charge was framed against the appellant under Section 307 of IPC, which the accused denied and claimed trial. On completion of trial, the appellant was convicted by the District & Sessions Judge, Bageshwar and sentenced as stated above.
5. The appellant challenged the said order passed by learned trial court in the present appeal in the year 2015 and the appeal is pending since then, however the appellant was released on bail during the pendency of this criminal appeal.
6. Now the compounding application has been moved by the appellant as well as by the informant supported by the affidavit filed by both of them. In the said application, it has been contended that the respondent No.2/informant does not want to press the criminal proceedings further against the applicant/accused as the grievances of the informant have settled outside the Court and now, he wants to settle the dispute by way of amicable settlement.
7. Having considered the statement given by the appellant as well as by the informant coupled with the fact that the informant does not want to press the criminal proceedings any further, this Court is of the opinion that the present prosecution should come to an end on the basis of compromise. In this view of the matter, compounding application deserves to be allowed.
8. Accordingly, the compounding application (IA/2570/2024) is allowed. The impugned judgment and order dated 09.03.2015 passed by learned District & Sessions Judge, Bageshwar in Session Trial No.10 of 2014 State of Uttarakhand Vs. Nandan Singh, by which the appellant/accused was convicted, is hereby set aside. Appellant/accused is acquitted of the charges of Section 307 of I.P.C. on the basis of the compromise. He is on bail. He need not to surrender. Record of the case be consigned to the court below.
9. Criminal Appeal is disposed of in terms of aforesaid compromise.
Order accordingly.
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