IMPORTANT POINT
Offence can be compounded where parties have buried the past by entering into amicable settlement.

JUDGMENT :

AJAY RASTOGI, J.

1. Leave granted.

2. The appellant, being dissatisfied by the judgment dated 4th January, 2019 passed by the High Court of Judicature at Bombay, Nagpur Bench, Nagpur upholding the conviction of the appellant for the offence under Section 307 Indian Penal Code (hereinafter being referred to as “IPC”) and directed him to suffer rigorous imprisonment for 10 years and to pay a fine of Rs. 10,000/- with clause of sufferance in default of three months’ rigorous imprisonment, has preferred this instant appeal.

3. The case of the prosecution is that Gajanan Kute complainant lodged oral report Exhibit-49 with Police Station Ansing on 11th May, 2016 contending that Chintaman Dange is his maternal uncle and very active in social work. Previously the appellant had a quarrel with Chintaman Dange (injured) because of unlawful construction raised on Nal Saheb Baba Darga prior to 4-5 months to the incident. On 11th May, 2016, when a Sandal procession at Ansing reached Gandhi Chowk at about 7.30 p.m. unknown persons entered into the procession and the present appellant along with his two other associates with a sharp-edged weapon stabbed on the stomach of Chintaman Dange with intent to kill him. The complainant took the injured to the hospital for treatment. On his report, P.S.O. Ansing registered Crime No. 80/2016 for an offence under Section 307 read with Section 34 IPC against the accused appellant and other accused persons vide Exhibit-50. After investigation, the charge-sheet was filed under Section 307 read with Section 34 IPC. After framing of charge for the aforestated offence, the appellant faced the trial.

4. Relying on the testimony of PW-7 Chintaman Dange (injured victim) and of the treating Doctor Arvind Kisanrao Adhe (PW-11) which was held to be unimpeachable and stellar, the learned trial Judge held the appellant guilty and convicted him for offence punishable under Section 307 IPC to suffer rigorous imprisonment for 10 years and to pay a fine of Rs. 10,000/- with default to suffer further three months’ rigorous imprisonment by a judgment dated 23rd February, 2018.

5. Unsatisfied by the judgment of the learned trial Judge dated 23rd February 2018, the accused preferred appeal before the Nagpur Bench of High Court of Bombay which, after hearing the parties came to be dismissed by the judgment impugned dated 4th January, 2019 assailed in the instant appeal.

6. The record of the case elicits that the finding of both the Courts are concurrent and without fault. The appellant has not been able to mount an effective challenge founded upon a question of law and the learned counsel has very fairly restricted his prayer qua reduction of sentence only which reveals from the order passed by this Court on 14th February, 2020. By a further order dated 30th July 2021, PW-7 Chintaman Dange (injured victim) was directed to be impleaded as party respondent. Pursuant thereto, he was impleaded as party to the present appeal.

7. A joint affidavit has been filed during the pendency of the proceedings by the wife of the accused appellant and PW-7 Chintaman Dange (injured victim) and it has been stated that they are residing in the same village and this unforeseen incident has occurred on account of some misconception and are residing peacefully even after the unfortunate incident has taken place. The injured victim has come forward with the request that, as the families have settled their disputes and almost half of the sentence has been undergone by the appellant, it may be considered to be sufficient in due compliance of the judgment impugned upholding conviction under Section 307 IPC.

8. We have heard learned counsel for the parties and also the learned counsel for Chintaman Dange (injured victim-respondent no. 2) and with their assistance perused the material available on record.

9. The joint affidavit placed on record makes it clear that the parties, on the advice of their elders, entered into an amicable settlement. The appell