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FARJAND ALI
Mota Ram S/o Balu Ram – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
Farjand Ali, J.
1. The instant criminal appeal under proviso Section 374(2) of the CrPC has been preferred by the appellants being aggrieved of the judgment dated 27.11.2014 passed by the learned Additional Sessions Judge, No.3, Bikaner in Sessions Case No.56/2012, whereby the appellant Hetram has been convicted for the offences under Sections 148, 326, 325/149, 323/149 and 341 of the IPC, appellant Baluram has been convicted for the offences under Sections 148, 326/149, 325, 323/149 and 341 of the IPC and appellants Mota Ram, Gopal Ram, Ramchandra, Khamma Ram, Ramswaroop and Sita Ram have been convicted for the offences under Sections 148, 326/149, 325/149, 323/149 and 341 of the IPC and sentenced in the following manner :-
| Offence for which convicted | Sentence of imprisonment | Fine | Sentence in case of default in payment of fine |
| Section 148 of the IPC | 1 year's R.I. | Rs.2000/- | 1 month's S.I |
| Section 326/149 of the IPC or Section 326 of the IPC | 3 years' R.I. | Rs.5000/- | 6 months' S.I |
| Section 325/149 of the IPC or 325 of the IPC | 2 years' R.I. | Rs.3000/- | 3 months' S.I |
| Section 323/149 of the IPC | 2 months' R.I. | Rs.1000/- | |
The court may reduce the sentence based on a compromise between the parties, even if the offence is non-compoundable, to meet the ends of justice.
The compromise between the parties can be considered for the reduction of sentence, even in non-compoundable cases, based on the principles established in previous judgments.
The court held that in exceptional cases, compromises can influence sentencing even for non-compoundable offenses, focusing on justice and social harmony.
Section 320 of Cr.P.C. does not encapsulate Section 324 and 307 IPC under its list of compoundable offences. However, fact of amicable settlement can be a relevant factor for the purpose of reduction....
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