The appeal is filed against the judgment and order of Sessions Case No. 238 of 2007, which was pending in the Sessions Court, Aurangabad. The appellants are convicted and sentenced for the offence punishable under section 307 r/w. 34 of Indian Penal Code. The application is filed by original complainant Vitthal Rangnath Khomne, who was mainly injured and in respect of whom, there was charge for the offence punishable under section 307 of I.P.C., the other injured Sunita and all the four appellants. In the application prayer is made to allow the parties to compound the offence.

2. Both the sides are heard. The learned advocate Shri. M.V Ghatge represented the original complainant and his wife to identity them.

3. In short, the facts leading to these two proceedings can be stated as follows:-

Accused No. 1 is a real brother of Vitthal, the main injured. Accused No.2 and 4 are real cousins of accused No. 1 and they are real brothers interse. Accused No. 3 is also cousin of accused No. 1. There was some land dispute between the family of Vitthal and the families of the accused persons. Their lands are situated adjacent to each other. In one land, there is a well and there was dispute over taking water of this well as some persons from these families were saying that it is a common well of all these families.

4. On 22.2.2007, two incidents took place. At about 8 to 10 p.m., during first incident near common well, assault was made on Vitthal by all the four accused by using axe and sticks. An attempt was made to finish him by using ligature material like muffler. Son of Vitthal was initially there and he somehow rescued Vitthal and brought him to home. After completing the incident near the well, the accused went to the residential place of Vitthal and there, at about 11.00 p.m. assault was made on Sunita, wife of Vitthal, by using axe and also with fist blows and kicks. After some time of the second incident Vitthal, was brought to home and then Vitthal was taken to police station. From there, police referred Vitthal to GHATI Hospital, Aurangabad. The crime was registered on the basis of report given by Sunita Khomne on the same night i.e. night between 22.2.2007 and 23.2.2007 for offence punishable under section 324 r/w. 34 of I.P.C. The medical examination revealed that there was fracture of skull atleast at three places. C.T. scan was done. Then section 307 of I.P.C. came to be added. All the accused came to be arrested after registration of the crime and after completion of investigation, the chargesheet came to be filed for the offence of attempt of murder.

5. To the charge, all the accused pleaded not guilty. They took the defence that there was some civil dispute and the injuries were not caused by them. Prosecution examined Vitthal, Sunita and Praveen, son of Vitthal. Medical Officer is also examined. The Trial Court has believed these witnesses and has held that all the accused, in furtherance of their common intention, attempted to finish Vitthal.

6. In the application filed for permission to compound, the parties have contended that they want to bring the dispute to an end and they want to live peaceful life. They have contended that in view of their close relations and their intention for future, in this matter lenient view needs to be taken. As the offence punishable under section 307 of I.P.C. is non compoundable, the parties were advised to argue the matter on merits.

7. The evidence of Vitthal (PW 8), Sunita (PW 3) and Praveen (PW 4) show that in the first incident assault on head was made by accused No.4 - Rameshwar. He has specifically stated that blunt portion of axe was used for making assault. Though Vitthal (PW 8) has stated that he was assaulted by using axe, Praveen (PW 4) has specifically stated that blow of axe from blunt side was given on the head of Vitthal. There are allegations against other accused No.3 - Raju that he assaulted by using stick. The medical evidence does not show that injury on any o