The observation by a bench of Justices R. Banumathi and A.S. Bopanna came while upholding Punjab and Haryana High Court's order which has convicted one Manjit Singh under the sections 307 (attempt to murder) and 324 (voluntarily causing hurt) of Indian Penal Code.
However, the bench also said while sentencing the accused for a non-compoundable offence, the compromise entered into between the parties is indeed a relevant circumstance for considering the quantum of sentence.
Thereafter, the bench reduced the sentence to the period undergone by Manjit Singh, who has already served seventeen months of imprisonment.
The top court said: "Taking note of the compromise entered into between the parties and considering the relationship of the parties and the facts and circumstances of the case and also the sentence undergone by the appellant-accused (Manjit Singh), the sentence of imprisonment imposed upon the appellant under Sections 307 and 324 IPC is reduced from five years/two years to the period already undergone by him."
The bench noted that during the pendency of the appeal filed by Manjit Singh in the apex court, the parties entered into a compromise.
"Section 307 IPC is a non-compoundable offence. No permission can be granted to record the compromise between the parties," the bench said in its July 22 order.
"In our considered opinion, it would not be appropriate to order compounding of an offence not compoundable under the code ignoring and keeping aside statutory provisions."
The court further added: "In our judgment, however, limited submission of the learned counsel for the appellant deserves consideration that while imposing substantive sentence, the factum of compromise between the parties is indeed a relevant circumstance which the court may keep in mind."
Manjit Singh had challenged the high court order which has sentenced him to undergo imprisonment for five years after convicting him under the charges dealing with attempt to murder.
Punjab Police had lodged a first information report against Manjit Singh and his brother on the complaint of Hardip Singh in June 2001.
Hardip Singh had alleged that on June 4, 2001, when he was returning to his village Baghiari in Punjab from a bus stop on his scooter, Manjit Singh and his brother Ranjit Singh, armed with a knife, attacked him. Hardip Singh suffered injuries on his right thigh.
( With inputs from IANS )