Case Note & Summary
The appellant, Manjit Singh, was convicted by the Trial Court under Sections 307 and 324 of the Indian Penal Code, 1860, for attacking the complainant, Hardip Singh, with a knife on 4 June 2001. The Trial Court sentenced him to five years rigorous imprisonment under Section 307 and two years under Section 324, with a fine of Rs.1,000. The High Court of Punjab and Haryana affirmed the conviction and sentence but enhanced the fine to Rs.50,000, payable as compensation to the complainant, while acquitting the co-accused Ranjit Singh. The appellant appealed to the Supreme Court. During the pendency of the appeal, the parties compromised, as evidenced by affidavits and a compromise deed. The Supreme Court noted that Section 307 IPC is a non-compoundable offence and cannot be compounded. However, relying on Ishwar Singh v. State of Madhya Pradesh, (2008) 15 SCC 667, the Court held that the fact of compromise is a relevant circumstance for determining the quantum of sentence. Considering the compromise, the relationship between the parties, and the fact that the appellant had already served seventeen months of imprisonment, the Supreme Court reduced the sentence of imprisonment to the period already undergone and set aside the enhanced fine of Rs.50,000, directing its refund if already paid. The appeal was partly allowed.
Headnote
A) Criminal Law - Non-Compoundable Offence - Compromise as Relevant Circumstance - Section 307, Indian Penal Code, 1860 - The appellant was convicted under Section 307 IPC for inflicting knife blows. During appeal, parties compromised. The Supreme Court held that while a non-compoundable offence cannot be compounded, the compromise is a relevant circumstance for considering quantum of sentence, following Ishwar Singh v. State of Madhya Pradesh, (2008) 15 SCC 667. (Paras 6-7) B) Criminal Law - Sentence Reduction - Period Already Undergone - Sections 307 and 324, Indian Penal Code, 1860 - Considering the compromise, relationship of parties, and the fact that the appellant had served seventeen months of imprisonment, the Supreme Court reduced the sentence of imprisonment from five years/two years to the period already undergone and set aside the fine of Rs.50,000/-. (Para 7)
Issue of Consideration
Whether the compromise entered into between the parties in a non-compoundable offence under Section 307 IPC can be considered for reduction of sentence?
Final Decision
Appeal partly allowed. Sentence of imprisonment reduced to period already undergone. Fine of Rs.50,000 set aside and directed to be refunded if paid. Appellant ordered to be released forthwith unless required in any other case.
Law Points
- Compromise in non-compoundable offence is a relevant circumstance for quantum of sentence
- Sentence reduction for period already undergone
- Fine set aside upon compromise
