JUDGMENT

1. This appeal has been filed by present appellant being aggrieved by the judgment dated 26.10.2023 passed by the Sessions Judge, District Jabalpur (M.P.), in ST No.629/2019 whereby appellant has been convicted for the offence under section 307 of IPC and sentenced to undergo seven years R.I. with fine of Rs.50,000/- with default stipulations.

2. As per prosecution story, on 16.2.2019 at night about 12.30 P.M. complainant Dinesh Lodhi was standing near his house with his cousing brother Abhishek Lodhi. At that time his uncle Deepak Lodhi came and told Abhishek Lodhi that why don't you play his DJ. Then complainant told to Deepak that it is his choice to place DJ of whoever he wants. On this, accused Deepak Lodhi abused. When complainant Dinesh forbade the accused to abuse him, thereupon accused Deepak with an intention to kill complainant, stabbed him twice by means of knife on his left side of abdomen and on right waist, owing to which blood oozed out. Injured was taken to hospital. FIR was lodged. After investigation, charge sheet was filed under sections 294 and 307 of IPC.

3. Appellant abjured his guilt and claimed to be tried. After recording the statements of prosecution witnesses and appreciating the evidence led by the parties, learned trial Court found the appellant guilty for commission of offence punishable under sections 307of IPC and sentenced him as mentioned preceding paragraph No.1. Being aggrieved with the impugned judgment, the appellant has preferred this criminal appeal before this Court.

4. During the pendency of the appeal, application for compromise has been filed. Pursuant to order dated 10.9.2025 passed by this Court, Registrar (J-II) of this Court recorded the statements of complainant/injured on 17.9.2025 and verified the correctness and genuineness of the compromise. As per the report, parties have amicably settled their dispute and have arrived at compromise on their own free will & volition and without any threat, inducement or coercion to settle the dispute and the compromise is voluntarily.

5. On the basis of the verification report dated 17.9.2025 furnished by Registrar (Judicial-II), this Court is satisfied that the parties have arrived at a compromise on their free-will and volition. However, the appellant was convicted and sentenced for the offence punishable under section 307of IPC, which is not compoundable.

6. Learned counsel for the appellant submitted that the incident had taken place in the year 2019 i.e. almost 6 years ago. It is further submitted that appellant was in jail from 17.2.2019 to 19.3.2019 (Total 1 month and 4 days) & from 26.6.2024 till date (total 1 year 4 months) during trial and after post conviction, in this case so far. It is further submitted that compromise has already been entered between the parties and parties have amicably settled their dispute.

7. It is submitted by the counsel for present appellant that keeping in view the statements of Dr. Bindu Raphael (PW-6) and Dr. Rahul Kumar (P.W.7) no offence under section 307 is made out. At the most, the offence proved from the available record is under section 326 of IPC.

8. It is also submitted by the learned counsel appearing for the present appellant that present appellant is in actual custody for more than 1 year 4 months and 9 days as per custody report dated 5.10.2025. Keeping in view the actual custody and offence of section 326 of IPC coupled with the factum of compromise between the parties, the punishment may be reduced to the period already undergone by present appellant. Therefore, the learned counsel for the appellant prays for alteration of conviction from section 307 of IPC into sections 326 and to reduce the sentence of present appellants to the period already undergone by him in custody.

9. The learned counsel for the State has opposed the prayer on the ground that learned trial Court has rightly found proved the offence under sections 307 of the IPC against the present appellant and he has rightly