Leave granted.
Learned counsel for the parties stated that the matters have been
compromised between the parties and the compromise deed is placed on record.
The case related to an incident of 1998 but the conviction was under
Section 307 of the Indian Penal Code (IPC). Under Sec. 320 of the Code of
Criminal Procedure 1973, an offence punishable under Sec. 307 is not
compoundable.
In the light of the statutory provisions we are of the view that though no
compounding of offence can be allowed, on the facts and in the circumstances of
the case and in the light of the compromise deed, in our opinion, ends of justice
would be met if the conviction is maintained but sentence already undergone by the
accused is treated as adequate and sufficient.
The Criminal Appeals are disposed of accordingly.
(D.K. JAIN) New Delhi, November 3, 2008.