ORDER :

1. Special leave granted. Arguments heard.

2. At the hearing of the Special Leave Petition on October 30 1985, Shri A.N. Mulla, learned counsel for the appellant accepted that the appellant had acted with extreme brutality but pleaded for mercy. He relied upon the application made by the parties for compounding the offence under section 326 of the Indian Penal Code, 1860. Looking to the dastardly act of the appellant and the serious nature of the crime we declined the prayer for compounding the offence. Shri Mulla then pleaded that the appellant was agreeable to transfer land measuring 5 acres situate at Village Deori, Tehsil Gadarwara, District Narsinghpur valued at Rs. 50,000 by way of compensation to the complainant Narain Singh, PW 1 for the serious injuries caused to him which virtually, have crippled him for life. We had indicated that in that event we might reduce the sentence to the period already undergone.

3. We are informed by learned counsel for the parties at the hearing that the appellants father Hariram Patel as karta of the joint family has by executing a registered gift-deed dated November 5, 1985 transferred 5 acres of land situate in Village Deori and Jhikoli of the value of Rs. 50,000 to the complainant Narain Singh by way of compensation and placed him in possession thereof. The transaction embodied by the aforesaid gift-deed shall not be challenged by the donor appellants father, or any of the members of the joint family and no court 35 shall entertain any such suit for impeaching the said transfer.

4. We were extremely reluctant after hearing the arguments to convert the sentence of rigorous imprisonment for three years for the conviction to the period already undergone as monetary compensation is no substitute for the nature of the injuries inflicted upon the complainant 40 Learned counsel for the parties however submit that both the parties are neighbours and they have to maintain good neighbourly relations. The recitals of the gift-deed show that the complainant Narain Sinh had brought suit being Civil Suit No. 6B of 1978 in the Court of Additional Judge to the Court of the District Judge, Gadarwara for compensation against the appellant and that during the pendency of the aforesaid suit, the parties have compromised the claim upon these terms In the circumstances, we maintain the conviction of the appellant under section 326 of the Indian Penal Code but reduce the sentence to the period already undergone.

5. The case shall not be treated as a precedent.

6. The appeal is disposed of accordingly.

Disposing of the appeal.