Reduction of sentence to period undergone for non-compoundable offences following voluntary compromise and enhanced compensation.

The appellants were convicted by the Additional Sessions Judge, Deori (Sagar) on 21.02.2025 for assaulting the complainant, Hemraj Lodhi, on 13.09.2023.

The prosecution alleged that the accused used a stick and an axe, causing a head fracture to the victim.

The Trial Court sentenced them under Sections 323, 294, 326, 326/34, and 506-II of the IPC.

During the pendency of the appeal, the parties filed applications for compounding the offences based on a voluntary compromise verified by the Registrar Judicial-II on 22.06.2026.

1. Whether the offences under Sections 323, 323/34, 294, and 506 Part-II of the IPC can be compounded based on a voluntary settlement between the parties.

2. Whether the conviction and sentence under Section 326 and 326/34 (non-compoundable) should be maintained or modified in light of the compromise and the period of sentence already undergone.

The court applied Section 320 of the Cr.P.C., which governs the compounding of offences, noting that while Sections 323, 294, and 506 Part-II are compoundable, Section 326 (voluntarily causing grievous hurt by dangerous weapons) is non-compoundable.

Regarding sentencing, the court exercised its discretion to reduce the term to "period already undergone" while enhancing the fine, as permitted under the principles of justice where a settlement is reached in non-compoundable matters.

The High Court accepted the compromise for the compoundable offences (Sections 323, 294, 506-II), leading to an acquittal for those charges.

For the non-compoundable charge under Section 326 IPC, the court upheld the conviction as the evidence established a fracture.

The court noted that the appellants had no criminal antecedents, were cooperative, and had already served significant jail time (Halkande and Govind: 18 months; Satyanarayan: 3 months).

The court reasoned that since the parties had settled their dispute with free will, the interests of justice would be served by reducing the jail sentence to the period already served while increasing the fine amount to provide compensation to the victim.

Regarding Section 326 and 326/34 IPC, the conviction was upheld, but the sentence was reduced to the period already undergone.

The fine for each accused was enhanced from Rs. 1,000 to Rs. 5,000, to be paid as compensation to the injured victim.

Appellants Halkande and Govind were ordered to be released forthwith from jail.