IPC, 1860 – S. 324, 307 – CrPC, 1973, S. 320 – Compounding – Sympathetic view – Court has taken note of the compromise between parties to reduce the sentence of the convicts even in serious non-compoundable offences though Section 320(9) CrPC explicitly prohibits any compounding except as permitted under the said provision – It is a fit case to take a sympathetic view and reconsider the quantum of sentences awarded.
First, the parties to the dispute have mutually buried their hatchet.
Second, at the time of the incident, the victim was a college student, and both appellants too were no older than 20-22 years. The attack was in pursuance of a verbal altercation during a sports match, with there being no previous enmity, fifteen years have elapsed since the incident. Accused are today in their mid-thirties and present little chance of committing the same crime.
Third, the appellants have no other criminal antecedents, no previous enmity, and today are married and have children. They are the sole bread earners of their family and have significant social obligations to tend to. In such circumstances, it might not serve the interests of society to keep them incarcerated any further.
Finally, both appellants have served a significant portion of their sentences.
Considering all these unique factors, including the compromise between the parties, we deem it appropriate to reduce the quantum of the sentence imposed on the appellants
2021 SCeJ 1321, 2021 PLRonline 13203
.MURALI v. STATE , 2021 SCeJ 1321, 2021 PLRonline 13203
