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Manjit Singh v. The State of Punjab & Anr.

Criminal Appeal · 2019 INSC 794Decided 22 Jul 2019
Criminal Appeal No. 1090 of 2019
Justice R. Banumathi · Justice A.S. Bopanna

Background

In 2001, the appellant Manjit Singh and his brother allegedly attacked a man named Hardip Singh with a knife, causing him injuries. A trial court convicted Manjit Singh under Section 307 (attempt to murder) and Section 324 IPC and sentenced him to five years' rigorous imprisonment plus a fine, which the High Court later upheld while enhancing the fine to Rs. 50,000. While his appeal was pending before the Supreme Court, Manjit Singh and the complainant entered into a compromise.

Decision Breakdown

The Supreme Court noted that Section 307 IPC is a non-compoundable offence, meaning the charge itself cannot simply be dropped because the parties settled privately. However, relying on its earlier ruling in Ishwar Singh v. State of Madhya Pradesh, the Court held that a compromise between the parties, even in a non-compoundable case, is a relevant factor the Court can consider while deciding the appropriate sentence. Taking into account the compromise, the relationship between the parties, and that the appellant had already served about seventeen months in prison, the Court reduced his sentence to time already served and ordered his immediate release, and set aside the Rs. 50,000 fine (directing a refund if already paid).

Lesson Learnt

Even for serious, legally non-settleable criminal offences, a genuine compromise between victim and accused cannot end the case outright, but courts can and do treat it as a mitigating factor that may significantly reduce the punishment actually served.

Official source (sci.gov.in)View Judgment (PDF)

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