IMPORTANT POINT
Offence u/s 307 IPC is not compoundable u/s 320 CrPC.

Judgment :-

K.S. Radhakrishnan, J.

1. Leave granted.

2. Respondents herein were charge-sheeted for the offences punishable under Sections 307, 323, 325, 427 read with Section 34 IPC. They were tried before the Court of Additional Sessions Judge, Fast Track No. 1, Kota, Rajasthan. From the side of the prosecution, PWs 1 to 5 were examined and Exh. P1- P12 were produced. From the side of defence, second accused was examined as DW1. The Sessions Court, after hearing the parties and considering the oral and documentary evidence, found the accused persons guilty of the offence punishable under Section 307 read with Section 34 IPC, but acquitted them of the rest of the charges, vide its order dated 9.7.2009. Later, the accused persons were heard on sentence, and they stated that they are not habitual criminals and are aged 26 and 28 years, respectively. Further, it was pointed out that they are poor labourers married and have children. Further, it was also pointed out that the injuries were caused due to sudden provocation, and were not pre-meditated. After hearing the accused and the prosecution, the trial Court, on sentence, passed the following order:

“Heard both the parties. On the basis of the above arguments, perused the case file. Though no criminal record has been produced by the Prosecution against the accused, nor has any arguments about the habitual criminal, however, from the evidence came on file, this fact has been established that accused Banwari and Shambhu had been taking the goods on credit from the complainant Abdul Rashid, also on the day of incident, had come to take goods on credit and due to arrears of money, he had refused to give the goods on credit. Then they again came back at the place of incident. Thereafter about 10 minutes both came with iron rod and a strip of iron like sword in a planned manner, and both together made a murderous attack on Abdul Rashid. By causing fatal injury on the head after fracture of piece of bone of head of Abdul Rashid, went inside the brain. The doctor performed the surgery and taken out. Thereafter it cannot be said that the accused has injured in ignorance, suddenly on instigation and cause the said injury to Abdul Rashid and for committing the act by them, they have no intention or purpose for committing such act. Case under Section 307 IPC has been proved against the accused beyond doubt. Therefore in this situation lenient view cannot be adopted against the accused. The Hon’ble Supreme Court has shown this intent in several cases that if the leniency is given to the accused, then the criminal people in the society will be encouraged. The accused had without any reason has injured the complainant sitting in his shop. This has been witnessed by other people of the society sitting in shop. Adopting lenient view with the accused, faith of the other people of the society will go from justice. In such situation, as per the direction given by the Hon’ble Supreme Court, the accused are punished as under:

ORDER OF SENTENCE:

Therefore accused Shambhu son of Babu Lal and accused Banwari lal son of Babu Lal Kevat, residents of Iqbal Chowk, Sakatpura, Kota are declared acquitted from the charge under Section 427 IPC and both the accused are convicted and are sentenced for 10-10 (Ten-Ten) years rigorous imprisonment and fine of Rs.5000-5000/- (Rupees five thousand only) for the charge under Section 307 read with Section 34 IPC. In the event of committing default in the payment of fine will face additional simple imprisonment of 3-3 months. The period spent in police/judicial custody by the accused will be adjusted in the period of original sentence under the provision of Section 428 Cr.P.C. Warrant of sentence be prepared. Recovered property in the case, iron road and strip of iron like sword be destroyed after expiry of limitation of appeal as per directions. Copy of the judgment be supplied to the accused free of cost.”

3. Aggrieved by the order of conviction and sentence, the accused per