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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
AMAN CHAUDHARY
Gurmukh Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
Aman Chaudhary, J.
1. This common order shall dispose of the above-mentioned criminal appeals, as they arise out of the same impugned judgment and order.
2. Challenge in the present appeals is to the judgment/order dated 06.10.2004, passed by the learned Additional Sessions Judge (Adhoc), Fast Track Court, Hoshiarpur, whereby both the appellants were convicted and sentenced as under:
Offence u/s | Imprisonment | Fine | Default sentence |
307 IPC | RI for five years | Rs.2000/- | RI Six months |
307/34 | RI for five years | Rs.2000/- | RI six months |
All the sentences were ordered to run concurrently.
2. The facts, which are necessary for adjudication of the present cases are that, one Lakh winder Singh s/o Satpal made statement wherein he stated that on 24.11.2002 at about 12.00 noon, when he, alongwith his brother Surinder Singh and one Jagdish @ Deesa went to the the shop of Kulwinder Kumar for taking photographs of marriage, he refused to give it and started abusing them. The person standing there caught hold of Surinder Singh and accused-Kulwinder Kumar attacked him. He fell down on the ground. In the meantime, accused ran away from the spot. The injured was rushed to Civil Hospital at Hoshiarpur and the F
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....
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.
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