The court balanced the punitive and reformative aspects of punishment, considering the amicable settlement and the time spent by the appellants in trial and appeal.

T.P.S.Mann, J.

1. On 28.1.1991 at 11.15 a.m. when Bishna Ram-appellant and Nathu Ram-injured were present at the time of a meeting of the Panchayat, there was a scuffle between them. Bishna Ram asked his nephew Bhani Ram alias Jagdish to bring gun. When he reached the gate of the school, Hari Singh- appellant held Nathu Ram-injured from his neck. In the meantime Bhani Ram also returned to the spot with a double barrel 12 bore gun. Bishna Ram took the gun and fired at Nathu Ram hitting him on back, just below the neck.

2. Afterwards an FIR was registered under Section 307/323 34 IPC against the three appellants on the statement of Nathu Ram. After the presentation of the challan and commitment of the case, the case was taken up for trial by learned Additional Sessions Judge, Hisar.

3. Dr. D.L. Bansal, PW-2 had medically examined Nathu Ram-injured. Dr. S.P. Mimami, PW-1 had radiologically examined Nathu Ram and found multiple radio opaque metallic foreign bodies in the area of chest of Nathu Ram. Nathu Ram- injured appeared as PW-6 and gave details of the prosecution case. Ram Kumar, PW-7 and Gurdial Dass, PW-8 corroborated the version given by Nathu Ram. S.I. Om Parkash, PW-9 was the one who investigated the case.

4. Statements of the accused were recorded under Section 313 Cr.P.C. where they denied the correctness of the prosecution case Bishna Ram-appellant gave another version. According to him, Nathu Ram lodged a false complaint against him. The Block Development & Panchayat Officer had called a meeting of the panchayat on the day of occurrence in which only panchayat members were allowed. Nathu Ram wanted to forcibly enter the meeting room. He was asked by the Block Development & Panchayat Officer to go out. Nathu Ram started abusing Bishna Ram and caught him by his neck. Nathu Ram took Bishna Ram outside the room in the verandah. His supporters who were present near the gate of the school in large number started throwing brick bats. Nathu Ram gave fist and slap blows to Bishna Ram. His nephew Bhani Ram came from the side and seeing him under attack fired a shot in the air with his licensed gun to save him. The shot accidentally hit Nathu Ram.

5. In defence, accused Bishna Ram examined Jagdish as DW-1 and Ram Kumar as DW-2. Learned trial Court accepted the prosecution case and concluded that it was Bishna Ram, who had fired at Nathu Ram. The other two accused were held vicariously liable for the acts committed by Bishna Ram. They were sentenced to undergo RI for 7 years and to pay a fine of Rs. 2,000/- each. In default of payment of fine, the defaulting convict was directed to undergo further RI for a period of three months. If fine was realized, an amount of Rs. 5,000/- was to be paid to Nathu Ram-complainant as compensation.

6. Hence, the present appeal.

7. During the pendency of the appeal in this Court, Criminal Misc. No. 19557 of 2003 was made on behalf of Hari Singh-appellant seeking permission thereof to place on record the affidavit dated 17.2.2003 executed by Nathu Ram- complainant. With the intervention of the relatives, compromise had been effected between him and the three appellants. The misunderstanding between him and the appellants were peacefully settled without any coercion or undue influence.

8. Mr. Sudhir Nehra and Mr. R.S. Minhas representing the appellants submitted that as the matter between the complainant and the appellants has since been resolved amicably, benefit of the same as permissible under the law be extended to the appellants. Mr. K.S. Godara, learned DAG, appearing for the State of Haryana has contended that the offence committed by the accused was not compoundable and no benefit of the compromise arrived at between the parties should be extended to the appellants.

9. I have gone through the record of the case and heard the arguments addressed by the counsel representing the respective parties.

10. From the testimony of Nathu Ram PW-6, Ram Kumar PW-7 and Gurdial Das PW-8 it is cle