Jail Sentence Reduced to Period Undergone Following Amicable Settlement and Compromise in Cross-Case Assault Convictions

The case involves a cross-FIR scuffle that occurred on August 6, 2013, near Kotarliya Railway Station during the Hareli festival.

In the first incident (ST 130/2014), Mahendra Singh was allegedly assaulted with an axe and sticks by Rajkumar Sahu and others.

In the second incident (ST 190/2013), and occurring as part of the same transaction, Ashutosh Chandrawanshi allegedly used a sword to assault Rajkumar Sahu, resulting in the severance of Rajkumar's thumb.

The Trial Court convicted both parties: the Chandrawanshi group under Sections 326/34, 324/34, and 323/34 IPC, and the Sahu/Pradhan group under Sections 147, 148, 294, and 324/149 IPC.

During the pendency of the appeals, the parties filed for compounding based on a compromise.

1. Whether the prosecution proved the guilt of the appellants beyond reasonable doubt despite contradictions between ocular and medical evidence.

2. Whether the sentences should be maintained given the long lapse of time and the subsequent amicable settlement/compromise between the parties.

The Court applied Section 326 (Voluntarily causing grievous hurt by dangerous weapons), Section 324 (Voluntarily causing hurt by dangerous weapons), and Sections 147/148 (Rioting) of the Indian Penal Code.

The Court considered the principles of compounding under Section 359 of the Bharatiya Nagrik Suraksha Sanhita, 2023 (formerly Section 320 CrPC), which allows for the settlement of certain disputes to restore social harmony.

The Court found that the prosecution successfully established the occurrence of the scuffle and the subsequent injuries through the testimony of injured eye-witnesses and medical officers.

The severance of Rajkumar’s thumb was confirmed by Dr. J. Ekka (PW-6) as a bone-deep, grievous injury caused by a sharp weapon (sword) wielded by Ashutosh.

While the appellants argued that medical evidence (lacerated wounds) contradicted the use of sharp weapons (axes), the Court held that the testimony of the victims remained credible regarding the assault.

The Court observed that the incident was 13 years old and the parties, being residents of the same locality, had reached a compromise and were now living peacefully.

The Court determined that while the convictions must be upheld based on the evidence, the interests of justice and social harmony warranted a modification of the sentences to the period already undergone.

The jail sentences for all appellants were reduced to the period already undergone. Regarding appellant Ashutosh Chandrawanshi, due to the grievous nature of the injury caused (severed thumb), the Court enhanced his fine under Section 326 IPC from ₹2,000 to ₹10,000.

The acquittal appeal (ACQA No. 137/2016) was dismissed as the appellant sought withdrawal following the compromise. All appellants were released from the obligation to surrender, subject to Section 437-A CrPC compliance.