Criminal Appeal No.389-SB of 2001 -1- .... IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Appeal No.389-SB of 2001 Date of decision: 06.12.2010 Virender @ Kala and another ...........Appellants Versus State of Haryana ........Respondent CORAM: - HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: - Ms. Akashdeep Singh, Advocate for Mr. J.S. Bedi, Advocate, for the appellants. Mr. Kshitij Sharma, A.A.G., Haryana. ...... JITENDRA CHAUHAN, J. (Oral) Learned counsel for the appellants has placed on record a copy of compromise reached between the parties and also an affidavit, dated 12.09.2007, signed by the complainant-Ram Avtar and accused-Virender. 2. In para 4 of the affidavit, the deponent-Ram Avtar has deposed that due to the intervention of the Biradari and respectable of the locality, he (the complainant) and the accused have entered into a compromise with their free will and without any pressure. The complainant and the accused also undertake to live with peace in future. As per the contents of para 1 of the affidavit, appellant- Gulshan S/o Sher Singh has died. 3. Learned counsel for the State has placed on record the Criminal Appeal No.389-SB of 2001 -2- .... custody certificates of both the appellants. As per custody certificates dated 02/03.12.2010, both the appellants have undergone sentence of imprisonment for 2 years 3 months and 3 days out of 5 years. 4. In view of the statement and the fact reflected in para 1 of the affidavit, appeal against appellant No.2-Gulshan stands abated and in view of the compromise reached between the parties and the affidavit, dated 12.09.2007, signed by the complainant, no purpose would be served in sending the appellant-Virender Singh further in custody. In these circumstances, conviction under Section 307/34 IPC is maintained, however, the sentence of the imprisonment is reduced to the period already undergone subject to the payment of fine of ` 5000/- over and above the fine awarded by the learned trial Court. The enhanced fine shall be deposited with Chief Judicial Magistrate, Rohtak within three months from the receipt of this order which shall be paid to the complainant. (JITENDRA CHAUHAN) JUDGE December 6th, 2010 neetu