JUDGMENT

A.M. Bhattacharjee,.J,- After hearing the learned counsel for the petitioner and the Slate and examining the records ourselves, we have not been able to discover any infinity in the Order of conviction, passed by the trial Judge and affirmed in appeal, to warrant our interference in revision. But for the reasons stated here under, we propose to alter the sentence.

2. The accused, convicted under Section 307 of the Penal Code, has been sentenced to imprisonment for Jive years. The victim of the of kill x is now dead and before us in this Court, the heirs of victim of the offence have filed an application praying that the panics may be granted permission to compound the offence and the accused-petitioner may be acquitted. As provided in Section 320 (4)(b) of the Code of Criminal Procedure, when the person who would otherwise be competent to compound the offence is dead, his legal representatives may, with the consent of the Court, compound such offence. But the offence under Section 307 of the Penal Code, not being compoundable under Section 320 or any other provision of the Code of Criminal Procedure, the victim himself, if alive, could not be permitted to compound the offe