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Sy. Azhar Sy. Kalandar v. State of Maharashtra & Anr.

Criminal Appeal · 2021 INSC 471Decided 13 Sept 2021
Criminal Appeal No. 988 of 2021
Justice Ajay Rastogi · Justice Abhay S. Oka

Background

During a religious procession, the appellant and associates stabbed the complainant's uncle in the stomach following an earlier quarrel over an allegedly unlawful construction. The appellant was convicted under Section 307 IPC (attempt to murder) and sentenced to 10 years' rigorous imprisonment, a conviction the Bombay High Court (Nagpur Bench) upheld. Before the Supreme Court, the appellant did not challenge the conviction itself but sought a reduction of sentence, supported by a joint affidavit from his wife and the injured victim stating that the families had since reconciled, were living peacefully in the same village, and that the victim had forgiven him.

Decision Breakdown

The Court held that while attempt to murder under Section 307 IPC is not an offence that can be formally compounded (settled) under Section 320 Cr.P.C., it carries no mandatory minimum sentence, so courts retain discretion to take a genuine, voluntary compromise between the parties into account when deciding the quantum of punishment, following its earlier ruling in Murali v. State. Finding the settlement here to be genuine, voluntary and not the product of coercion, and noting the appellant had already served roughly half his sentence, the Court upheld the conviction under Section 307 IPC but reduced the sentence from 10 years to 5 years' rigorous imprisonment, partly allowing the appeal.

Lesson Learnt

Even in serious, non-compoundable offences like attempt to murder, a genuine and voluntary reconciliation between victim and accused can persuade a court to reduce the sentence, though it will not by itself erase the conviction.

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

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