Order
1. Heard learned counsel for the parties.
2. Leave granted.
3. The appellant was convicted by the trial court under Section 307 read with Section 34 of the Indian Penal Code (for short “IPC”) and sentenced to undergo rigorous imprisonment for a period of ten years. When the matter was taken to the High Court in appeal, the conviction has been upheld, but the sentence of imprisonment reduced from ten years to six years. Hence, this appeal by special leave.
4. A joint petition of compromise has been filed on behalf of the parties in which prayer has been made for recording the compromise. The offence under Section 307 IPC is not a compoundable one, therefore, compromise cannot be recorded, but at the same time it is well settled that while awarding sentence the effect of compromise can be taken into consideration. It has been stated that the appellant has remained in custody for a period of about 14 months and there is no allegation that he assaulted the deceased. In the facts and circumstances of the case, we are of the view that ends of justice should be met in case the sentence of imprisonment awarded against the appellant by the trial court and reduced by the High Court is further reduced to the period already undergone.
5. Accordingly, the appeal is allowed in part and the sentence of imprisonment against the appellant is reduced to the period already undergone. The appellant is directed to be released forthwith if not required in connection with any other case.