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IN THE HIGH COURT OF JHARKHAND AT RANCHI
NAVNEET KUMAR, J.
Dilip Shit – Appellant
Versus
The State of Jharkhand – Respondent
Cr. Appeal (SJ) No. 1541 of 2005
Decided On : 02-11-2022
Compounding of Offences - Marriage - Indian Penal Code, 1860 - Sections 323, 452, 324, 307 r/w 149 - Summary
Fact of the Case:
The case involved an attack on the informant's family by the accused. During the pendency of the appeal, the appellant no. 1 passed away, and a compromise was reached between the appellant no. 2 and the informant, leading to the marriage of the appellant no. 2 with the informant's daughter.
Finding of the Court:
The court found that a compromise had been reached between the parties, leading to the marriage of the appellant no. 2 with the informant's daughter, and the parties were living peacefully. The court allowed the appeal to be compounded, acquitted all the appellants, and discharged them from the liabilities of the bail bonds.
Issues: The main issue was whether the appeal could be disposed of based on the compromise and settlement reached between the parties, despite the non-compoundable nature of the offences under the Indian Penal Code.
Ratio Decidendi: The court considered the settlement and marriage between the appellant no. 2 and the informant's daughter, the peaceful life of the parties, and the principles laid down by the Supreme Court regarding the compounding of non-compoundable offences. The court exercised its inherent powers under Section 482 of the Cr.P.C. to prevent abuse of the process of the court and secure the ends of justice.
Final Decision: The impugned judgment of conviction and order of sentence against all the appellants were set aside, and the appeal was allowed to be compounded. The appellants were acquitted, and they were discharged from the liabilities of the bail bonds.
JUDGMENT :
NAVNEET KUMAR, J.
1. This appeal is directed against the impugned judgment of conviction dated 03.12.2005 and order of sentence dated 05.12.2005 passed by the learned Additional District and Sessions Judge, Fast Track Court No. I, Ghatshila, East Singhbjhum in Sessions Trial No. 409 of 1999, in connection with Baharagora P.S. Case No. 65 of 1997, corresponding to G.R. Case No. 341 of 1997 at East Singhbhum, Jharkhand, whereby and where under all the appellants were convicted for the offence punishable under sections 323, 452, 324 and 307 r/w 149 of the Indian Penal Code, 1860 (hereinafter referred to as the IPC) and further all the appellants were sentenced to undergo rigorous imprisonment (hereinafter referred to as R.I.) for 7 years for the offence punishable u/s 307 read with section 149 of IPC and further they were sentenced for two years R.I. for the offence punishable u/s 324 read with section 149 of IPC and both the sentences were directed to run concurrently. Further the learned trial court did not pass any order of sentence u/s 323 and 452 of IPC.
2. During the pendency of this appeal the appellant no. 1 Nilkantha Shit has died and the learned Addl. P.P. for the State has filed a counter affidavit on behalf of the State stating therein that the appellant no. 1 Nilkantha Shit has expired on 23.01.2019 and a death certificate issued by the competent authority to that effect has also been annexed along with the counter affidavit.
Learned counsel appearing for the appellants has submitted that the appellant no. 1 has died and no close relative has come forward to continue with this appeal and it is submitted on behalf of the appellant that let this appeal be abated.
Accordingly, this appeal gets abated with respect to the appellant no. 1 Nilkantha Shit and rest of the appellants are re-numbered and this appeal is heard with respect to the rest of the appellants and disposed of accordingly.
3. The prosecution case as disclosed in the fardbayan of the informant Pradip Kumar Shit (PW-2) recorded by P.S.I. Maheshwar Prasad Ranjan of Baharagora P.S. on 25.09.1997 at 1.00 P.M. in the night at Dr. Pratima Pani Clinic, Baharagora is that in the preceding night of 24.09.1997 on Wednesday at about 9.00 P.M. when the informant along with his family members was asleep at his house, then in the meantime, the villagers namely Nilkantha Shit, Dilip Shit, Antaryami Shit, (since deceased) Sudhangshu Shit, Satyaban Shit and Bimal Shit holding sword and lathi in their hands came there and attacked upon his father Ras Bihari Shit (PW-7) who was sleeping in the Veranda. On hearing the cries of his father, this informant and his younger brother Prahlad Shit (PW-1) came out of their rooms and saw that the accused persons namely Nilkantha Shit, Dilip Shit, Satyaban Shit and Bimal Shit were attacking with swords to his father (PW-7) and the rest accused persons namely Antaryami Shit and Sudhangshu Shit with Lathi. It is further stated that when this informant and his brother went to rescue, then both of them were also assaulted by the aforesaid accused persons. Out of fear, this informant entered into the room, then he was also assaulted with sword and Lathis. Thereafter, Rita Devi the wife of younger brother of informant reached there and she was also assaulted by the aforesaid persons with Danda, fists and slaps. It is also pointed out that thereafter all the injured were taken to the clinic of Dr. Pratima Pani for medical treatment.
On the basis of aforesaid fardbeyan, a case was lodged with the Baharagora P.S. against the aforementioned six accused persons and accordingly the police investigated into the case and placed charge sheet against all of them under the same account. On receipt of the same cognizance was taken and the case was committed to the court of Sessions on 08.07.1999 for trial. On a transfer the record of this case has come to the file of Asst. Sessions Judge, Ghatshila where charges were framed against all the six accuse
The court can exercise its inherent powers to compound non-compoundable offences based on settlement and marriage between the parties, considering the peaceful nature of the dispute and the principle....
The main legal point established in the judgment is that even if an offense is non-compoundable, the court may allow the appeal to be compounded in cases involving a personal nature of dispute, peace....
The court can allow the compounding of non-compoundable offences based on the settlement between the parties, considering the nature of the dispute and the impact on the parties involved.
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 v....
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