-1- Criminal Appeal No.294-SB of 1999 (O&M). IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH ... Criminal Appeal No.294-SB of 1999 (O&M). Date of Decision: February 02, 2010. Jaswant Singh and others ... Appellants VERSUS State of Punjab ...Respondent 1. Whether the Reporters of Local Newspapers may be allowed to see the judgment ? 2. To be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest ? CORAM :HON'BLE MR. JUSTICE MOHINDER PAL. Present: Mr. P.S. Brar, Advocate, for the appellants. Mr. Vishal Munjal, Additional Advocate General, Punjab. -.- MOHINDER PAL, J. Impugned in this appeal is the judgment of conviction and the sentence order passed by the learned Additional Sessions Judge, Faridkot, convicting the appellants under Section 307 and 307 read with Section 34 of the Indian Penal Code (for short `the Code') for causing injuries to Pritam Singh and Kapur Singh and sentencing them to undergo maximum rigorous imprisonment for three years and to pay fine. Appellant Jaswant Singh was also convicted under Section 27 of the Arms Act and sentenced to undergo rigorous imprisonment -2- Criminal Appeal No.294-SB of 1999 (O&M). for three years besides fine. All the substantive sentences of imprisonment were ordered to run concurrently. The trial Court, after recording evidence and hearing learned counsel for the parties, convicted and sentenced the appellants as aforesaid. The parties have now compromised the matter. Compromise (Annexure A-1) has been placed on record. Both the injured, namely, Pritam Singh and Kapur Singh and one of the accused, namely, Kaur Singh have since died. The instant case was registered at the instance of complainant Pritam Singh (since deceased). The compromise has been effected between Gursewak Singh, Sarabjit Singh, Gurdeep Singh sons of complainant Pritam Singh (since deceased), Nasib Kaur wife of injured Kapur Singh (since deceased), Paramjit Singh son of injured Kapur Singh, and Gurmeet Singh son of Baljit Kaur wife of accused Kaur Singh (since deceased). Appellants Malkiat Singh, Jaswant Singh and Jang Singh are also signatories to the compromise. The Sarpanch and Panch of the Village have also signed the compromise. It has been stated in the compromise that now there is no ill will between the accused party and the complainant party because they are the residents of the same village. After the dispute both the parties are residing peacefully. In the compromise, no objection to the acquittal of the accused has been expressed. The authenticity of the compromise has been vouchsafed by the learned counsel for the appellants. As per the ratio of law laid down by a Five Judges Bench of this Court in Kulwinder Singh -3- Criminal Appeal No.294-SB of 1999 (O&M). and others v. State of Punjab and another, (2007-3) Punjab Law Reporter 439, there is no statutory bar under the Code of Criminal Procedure which can affect the inherent power of this Court under Section 482 of the Code of Criminal Procedure. Resolution of a dispute by way of a compromise between two warring groups, therefore should attract the immediate and prompt attention of a Court which should endeavour to give full effect to the same unless such compromise is abhorrent to lawful composition of the society or would promote savagery. In view of the above, I am of the considered opinion that it will be of no use to send the appellants to jail again at this stage and the sentence of rigorous imprisonment already undergone by the appellants, which is about twenty days after conviction, would be sufficient. Thus, the conviction of the appellants, as mentioned above, is maintained but the sentence of rigorous imprisonment is reduced to the one already undergone by them keeping in view the compromise between the parties. However, the sentence of fine imposed upon the appellants by the trial Court and the default clause shall remain unaltered. If the appellants have not deposited the amount of fine so far, they will deposit the same before the trial Court within two months from the date of receipt of a copy of this judgment. The appellants are also ordered to deposit Rs.10,000/- in the Government Treasury under the relevant head for payment to the State Legal Authority, Punjab, Chandigarh. This amount shall also be deposited by the -4- Criminal Appeal No.294-SB of 1999 (O&M). appellants within two months from the date of receipt of a copy of this judgment. Besides, Rs.20,000/- will be payable by the appellants to Gursewak Singh, Sarabjit Singh and Gurdeep Singh sons of injured-complainant Pritam Singh (since deceased) and Rs.20,000/- will be payable to Naib Kaur wife of injured Kapur Singh and Paramjit Singh son of Kapur Singh. In fact, the said amount has been paid in the Court. The sentence order is modified to the extent indicated above. Resultantly, by invoking the inherent powers of this Court under Section 482 of the Code of Criminal Procedure, this appeal is disposed of in view of the compromise between the parties, mentioned above. February 02, 2010. ( MOHINDER PAL ) ak JUDGE