SANJAY VASHISTH
Karnail Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Mr. Sanjay Vashisth, J. (Oral)
This judgment shall dispose of Criminal Appeal No. CRA-S- 374-SB-2008 and Criminal Revision No. CRR-834-2009, as both are interconnected. CRA-S-374-SB-2008 has been filed against the judgment of conviction and order of sentence dated 31.01.2008, passed by learned Judge Special Court, Ludhiana, in Sessions Case No. 5 of 06.01.2003, arising out of FIR No. 192, dated 10.08.2002, under Sections 307 , 326, 325, 323/34 of IPC, registered at Police Station Jagraon, Distt. Ludhiana.
Whereas, CRR-834-2009 has been filed against the judgment of acquittal dated 31.01.2008, passed by learned Judge Special Court, Ludhiana, in Sessions Case No. 4 of 06.01.2003, arising out of cross-version under Sections 323 , 324/34 of IPC, in FIR No.192, dated 10.08.2002, registered at Police Station Jagraon, Distt. Ludhiana. However, for the sake of brevity, the facts are being from CRA-S-374-SB-2008.
Criminal appeal was preferred by seven convicts/appellants, namely, (i) Karnail Singh, (ii) Gurnam Singh, (iii) Mukhtiar Singh, (iv) Darshan Singh, (v) Naib Singh, (vi) Jarnail Singh and (vii) Mohanjit Singh, challenging their conviction and sentence, whereas, revision petit
Court can consider compromise in non-compoundable offences when fixing the quantum of sentence, reducing it as per mutual agreement of the parties.
High Court can quash post-conviction for non-heinous private offences like grievous hurt upon family compromise using inherent powers to ensure harmony and justice.
Settlements between the parties in non-compoundable offences can be considered for determining the quantum of sentence to be awarded.
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