..(1).. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL REVISION APPLICATION NO.184 OF 2006 Balkrishna Sopan Deokar and 3 Ors. ..Applicants. Versus State of Maharashtra. ..Respondent. .... Mr.Sandeep S. Salunkhe, Adv. for applicants. Mr.Rahul S. Kate, Adv. for orig.complainant. Ms.A.T.Jhaveri, APP, for State. .... CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. DATED : 24th July, 2008. DATED : 24th July, 2008. DATED : 24th July, 2008. P.C.: 1. Heard the learned Advocate for the Applicants-orig.accused, the learned Advocate for orig.complainant and the learned APP for the State. 2. The applicants have been convicted under Sections 326, 324, 341 r/w. 34 of IPC. For the offence under Section 326 r/w the applicants have been sentenced to RI for three years and fine of Rs.2000/- each ID SI for six months. For the offence under Section 324 r/w the applicants have been sentenced to RI for one year and fine of Rs.1000/- each ID SI for three months. For the offence under Section 341 r/w the applicants have been sentenced to ..(2).. SI for one month and fine of Rs.200/- each ID SI for ten days. 3. Being aggrieved thereby, the applicants preferred an appeal. The convictions of the applicants under Sections 326, 324 and 341 r/w. 34 IPC were upheld, however, the sentence of imprisonment under Section 326 r/w. 34 of IPC was reduced to one year and under section 324 r/w. 34 of IPC was reduced to six months. 4. Being aggrieved thereby, this Revision Application is preferred. 5. The learned Advocate for the complainant has stated that during pendency of this Revision the parties have amicably settled the matter amongst themselves. The complainant has also tendered his affidavit which is taken on record and marked as ‘X’ for identification. In the said affidavit, the deponent has stated that the dispute has been amicably settled. So also the civil dispute has been amicably settled and he has no complaint against the accused persons. ..(3).. 6. In view of this statement and the affidavit, the learned Advocate for the applicant has prayed that the applicants be acquitted. 7. However, it is seen that the applicants have been mainly convicted under Section 307 of IPC which is a non-compoundable offence, hence, I cannot acquit the applicants/accused persons on the basis of the said compromise. However, useful reference may be made to the case reported in 1999 Supp (4) SCC page 1999 Supp (4) SCC page 1999 Supp (4) SCC page 631 Salim and others Vs. State of M.P. 631 Salim and others Vs. State of M.P. 631 Salim and others Vs. State of M.P. wherein similar facts arose. In the said case, the appellants were convicted under Section 307 read with 34 of IPC. The Apex Court had observed that :- "We cannot acquit the accused persons on the basis of the compromise. However, as held by this Court in Ram Pujan and others V/s State of U.P. the fact that they have compromised the matter and have patched up their differences and the fact that since then they have been living together happily, has relevance so far as the question of sentence is concerned." ..(4).. . The Hon’ble Apex Court after having been satisfied of genuineness of the compromise allowed the appeal and directed that the sentence should be altered to that already undergone. 8. In the present case also, the applicants have been convicted mainly under section 307 of IPC. The facts in the present case and those in the case of Salim (supra) are similar. I am also inclined to pass similar orders with the view that henceforth no untoward incident takes place and that the applicants and injured witnesses will live in peace and harmony in the village. 9. In this view of the matter, the Revision Application is partly allowed. The conviction on all counts is confirmed, however the sentences are reduced to that already undergone by them. The bail bonds shall stand cancelled. 10. Criminal Revision Application is partly allowed in above terms. (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.)