A. M. Bhattacharjee, J.: - After hearing the learned counsel for the petitioner and the State and examining the records ourselves, we have not been able to discover any infirmity 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 hereunder we propose to alter the sentence.

2. The accused, convicted u /S. 307 of the Penal Code, has been sentenced to imprisonment for five years. The victim of the offence is now dead and before us in this Court, the heirs of the victim of the offence have filed an application praying that the parties may be granted permission to compound the offence and the accused-petitioner may be acquitted. As provided in S. 320(4)(b) of the Criminal P. C. 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 u/S. 307 of the Penal Code, not being compoundable u/S. 320 or any other provision of the Criminal P. C., the victim himself, if alive, could not be permitted to compound the offence and, therefore, could transmit no right to his h