JUDGMENT :

Anoop Chitkara, J. -

1. The convicts/appellants had been convicted and sentenced in the matter captioned above, has come up before this court by filing the present appeal for setting aside of their conviction and order of sentence by filing appeal.

2. In the above-captioned sessions trial, Narinder Singh and Santokh Singh- accused were prosecuted for committing an offense punishable under Sections 307 r/w 34 IPC. Vide judgment dated 07.08.2006, persons, namely Narinder Singh and Santokh Singh (appellants), were found guilty and were convicted under Sections 307, 307/34, 326, 326/34, 324, 323, 323/34 IPC and sentenced accordingly.

3. During the pendency of the appeal, the appellants filed an application under Section 528 BNSS, claiming that they have settled their dispute with the victim /private respondent by entering into a compromise. He has also annexed a copy of the compromise in the said application as Annexure P-4.

4. The State has opposed the compromise.

5. On 06.11.2006, a Co-ordinate Bench of this Court had suspended the sentence of convict Santokh Singh on the ground that he has undergone 01 year and 04 months of sentence out of 06 years and the Court had taken note of the statement made by counsel for convict that the convict has also received injuries. Later on, the sentence of the coaccused Narinder Singh was also suspended vide order dated 27.03.2008 after he has undergone 01 years and 08 months of sentence. It remain undisputed that on 05.09.2020, convict Narinder Singh who was brother of Santokh Singh had expired. On 01.11.2021, the Court had taken on record the compromise deed dated 06.04.2019 Annexure P-3 and complainant was impleaded as respondent No.2. On 01.03.2023, a Co-ordinate Bench of this Court took notice of death certificate issued from Department of Health and Family Welfare Department, Punjab mentioning the death of convict Narinder Singh who was expired on 05.09.2020, as such the appeal filed by Narinder Singh was abetted. Now, the present appeal is only confined to Santokh Singh- surviving appellant. On 24.09.2024, CRM No. 37920 of 2024 was withdrawn with liberty to file fresh one with better particulars. Subsequently, in CRM No. 40037 of 2024, this Court permitted the convict and the victim to get their statements recorded in the format prescribed in the order.

6. Given the compromise between the parties, this court had asked the parties to appear before the concerned court and had asked the said court to give its report as per the format. The report reads as follows:-