The court held that Section 307 IPC was non-compoundable and that the High Court did not have the power to permit compounding of the offense.

This appeal has been preferred against the judgment and order pronounced by the Sessions Judge Saharan-pur on 10-5-1979 in S. T. No. 410 of 1978, convicting appellant under Section 307, I. P. C. and sentenced to undergo R. I. for three years.

2. The prosecution case, in brief, is that when the complainants son demanded re payment of Rs. 570 due from the accused at about 2 p. m. on 21-10-1978 and while he was passing in front of the shop of the Jani, the accused appellant abused the complainants son Nasir Ahmad and then he took out a knife from his pocket stabbed Nasir Ahmad at his abdomen and two other places. He raised an alarm on which Ghafoor (P. W. 6) and one Rafiq came there and the accused ran away from the place. Ghafoor took him to hospital in a rickshaw where he was ex amined at 2. 20 p. m. On his person three incised wounds were found at the abdomen, left little finger and upper part of the left fore-arm. All the injuries were bleeding. Injury No. 1 was kept under observation. The other two injuries were simple in na ture. He was admitted to the hospital and was operated upon surgically. Injury No. 1 was then found to be grievous. The injury extended into abdominal cavity deep inside where omentum was found cut at three places. Rafiq called Bhoora, father of Naseer soon after the incident who met him in the hospital where Nasir told him about the incident. Bhoora went to the police sta tion and get a report scribed by one Gur-charan Singh and submitted it to the police station which was treated as first informa tion report. A case under Section 324, I. P. C. was registered. The kurta and baniyan which were on the person of Nasir at the time of the incident were stained with blood and those were handed over by Bhoora to the police station. Later on 2-11-1978 S. I. , B. D. Jakhmola took up the investigation. He recorded the statements of the witnesses, including injured Nasir, went to the place of occurrence and prepared one site plan. Nasir remained at the hospital for about fourteen days. After completion of inves tigation a charge-sheet was submitted on 4-11-1978 under Section 307, I. P. C. and charge was framed accordingly.

3. Five witnesses were examined on behalf of the prosecution. Out of which P. W. 1 Bhoora was the complainant, Nasir Ahmad was examined as P. W. 4 and Abdul Ghafoor, who arrived at the place of the occurrence immediately after the incident was examined as P. W. 5 The learned trial judge after considering the evidence and materials on record convicted and sen tenced the accused-appellant in the aforesaid manner.

4. Sri A. A. Ansari, learned Counsel appearing for the appellant has submitted that the dispute has been compromised out side the court and both the parties have agreed not to proceed with it. He has referred the case of Mnhesh Chand and others v. State of Rajasthan, 1988 JIC 78 (SC ). It was held by the Supreme Court that:

"the accused were acquitted by the trial court, but (hey were convicted by the High Court for offence under Section 307, Indian Penal Code. This offence is not compoundable under law. The parties, however, want to treat it a special case, in view of the peculiar circumstances of the case. It is said and indeed not disputed that one of the ac cused is a lawyer practising in the lower court. There was 3 counter case arising out of the same transaction. It is said that that case has already been compounded. . . . . .

Alter examining the nature of the case and the circumstances under which the offence was committed it may be proper that the trial court shall permit them to compound the offence. . . . . . "

5. The special circumstances in which the Supreme Court directed the lower court to accord permission to compound the of fence are not present in the instant case It is not a case where the trial Judge has ac quitted the accused or that the accused holds any special status in the society. Moreover, I find that the Legislature in its wisdom has made Section 3