Supreme Court: Compounding a case involving the offence of murder, taking note of marriage between accused and victim’s sister

The Supreme Court in the case Guhan Versus State Represented by Inspector of Police observed contended in the present compound case involving the offence under Section 307 of the Indian Penal Code, 1860, involving the offence of attempt to murder. The top court further noted the fact that the accused and the Victim’s Sister got married subsequently. The bench comprising of Justice BR Gavai and the Justice Hima Kohli observed and contended to invoke the powers given under Article 142 of the Constitution of India to compound the offence. The High Court reduced his sentence to three years of imprisonment as the accused was sentenced for the offence under section 307 of the Indian Penal Code, 1860, reading with Section 149 of the IPC, 1860. The marriage between one of the accused and the Victim’s sister took place, when the appeal was pending before the Supreme Court. The appeal has been filled challenging the order passed by the High Court of Madras dated 27.08.2019 The bench observed that the accused and the injured are all residents of same locality and In Order to bring peace and in order to live cordially. Furthermore, the accused filled an application seeking compounding of the offence as the appellant has already undergone sentence of more than 18 months. The Court further stated, while considering the peculiar facts and circumstances of the present case that where there is a marriage within the families of the injured and the accused. The Court consider that it is a fit case wherein the Court would exercise its power under Article 142 of the Constitution of India. The Court contended that the bail bond of the accused, who are on the bail shall stand discharged The Sentence which has been directed by the High Court is further modified to the period which is already undergone.