IMPORTANT POINT
Offences which are non-compoundable cannot be compounded by a criminal Court under Section 320 of Cr.P.C. – However, there is scope of compounding offences by invoking inherent powers of High Court vested under Section 482 of Cr.P.C.

JUDGMENT

This appeal is directed against the judgment of conviction dated 15.04.2004 and order of sentence dated 16.04.2004passed by the learned Sessions Judge, Pakur in Sessions Case No. 61 of 2003 in connection with Pakur (M) P.S. Case No. 201/2001, corresponding to G.R. Case No. 392 of 2001, Pakur, Jharkhand, whereby and where under the learned trial court convicted the appellants for the offence punishable u/s 307/34 of IPC, 1860 and has been sentenced to undergo R.I. for 07 years.

2. At the outset, it is found that the learned A.P.P. has filed a counter affidavit on behalf of the State stating therein that out of the three appellants one of the appellants namely Jahangir Sheikh son of the Late Hazi Toresh Ali has died on 13.11.2020 and the death certificate has also been issued by the competent authority by which it appears that the Jahangir Sheikh has died on 13.11.2020 and in this view of the matter, it is submitted that no near relative has come forward to continue with this appeal and, therefore, it is urged, let this appeal be abated with respect to the deceased appellant. Learned defence counsel appearing on behalf of the appellant submitted that since no close relative or near relative or kith and kin has come forward to continue with this appeal, let this appeal be abated by virtue of operation of law against the deceased appellant. Accordingly, this appeal is abated with respect to the deceased appellant Jahangir Sheikh. Let his name be deleted from the cause title of memo of appeal and the rest of the appellants are re- numbered as appellant no. 1- Rasool Sheikh and the appellant No. 2- Shafikul Sheikh.

3. The prosecution case arose out of fardbeyan of Noor Islam Sheikh son of Nekaeel Sheikh of village Rahaspur, P.S. Pakur (M) District Pakur on 10.09.2001, which was recorded by inspector S.I. Santosh Kumar Suman at about 9.45 p.m. The informant stated that on 10.09.2001 at 7 p.m. he had gone to the grocery shop of Anarul Sheikh for the purchase of some articles and was sitting on a Machan made of bamboo in front of the said shop when suddenly all the three accused persons, namely, Jahangir Sheikh, son of Tores Sheikh Shafikul Sheikh, son of Rasool Sheikh and Rasool Sheikh son of Jehar Sheikh came there and began abusing the informant. Accused Shafikul Sheikh was armed with rod and accused Rasool Sheikh was armed with a Chheni (hanusa). When the informant protested, the accused Jahangir Sheikh called upon the other two accused persons to kill the informant. Thereafter, accused Safikul Sheikh and accused Rasool Sheikh assaulted the informant on his head with rod and chheni as a result of which he fell down and started raising alarm (hulla) for help. It was further stated that the above two accused persons attempted to commit the murder of the informant and when the informant was trying to save himself he also sustained injury on his right hand. It was further stated in the fardbeyan of the informant that one year ago a mar-pit(altercation) had taken place with accused Rasool Sheikh and a case was pending in the court in connection with the said occurrence. On account of the said case, the accused persons committed this occurrence.

4. On the basis of aforesaid fardbeyan of the informant, a case under sections 323, 341, 324, and 307/34 of IPC was registered against all the three named accused persons vide Pakur (M) P.S. case No. 201/2001 and investigation was taken up. The injured informant was sent to Sub Divisional Hospital, Pakur for treatment. Sub-inspector Santosh Kumar Suman of Pakur (M) Police Station (P.W. 9) investigated the case. On completion of investigation he submitted charge sheet under sections 323, 341, 342, 307, 504/34 of IPC against all the three accused persons over which cognizance of the offence was taken and the case was committed to the court of sessions for trial. Learned Sessions Judge, Pakur had framed charge on 22nd August 2003 under section 307/34 of IPC.

5. Learned trial court aft