Shashwati Chowdhury
Published on: June 7, 2022 at 18:18 IST
The Supreme Court recently compounded a case of attempted murder under Section 307 of the Indian Penal Code, noting the fact that the offender and the victim’s sister married shortly after.
The offence was compounded by a Bench consisting of Justices BR Gavai and Hima Kohli, using the powers granted by Article 142 of the Constitution.
Also the accused was sentenced for the crime under Sections 307 and 149 of the Indian Penal Code. His sentence was reduced to three years in jail by the High Court.
It has been observed that the marriage of one of the accused and the victim’s sister took place while the appeal was pending before the Supreme Court.
The accused and the injured are all residents of the same neighborhood. The accused filed a application for the offence to be compounded in order to bring peace and to live in harmony. The appellants had already served more than 18 months in prison.
The Court stated “In the peculiar facts and circumstances of this case, particularly when there is a marriage within the families of the injured and the accused, we consider it a fit case wherein this Court could exercise its power under Article 142 of the Constitution of India.”
As a result, the Court allowed the parties to compound the offence. The sentence, as directed by the High Court, is further modified to the period already served. If they are not required in any other case, the accused who are currently in jail will be released immediately.