Merely because a compromise is reached between parties at a later stage and they enjoy cordial relations would not be rpt be tantamount to evaporation of the actual occurrence and offences, a Delhi court has said.
Additional Sessions Judge Manoj Jain held two Delhi residents Rajat Sarkar (27) and Sandeep (27) guilty of the charges of attempt to commit culpable homicide despite their claim to have reached at a compromise with the victims.
The proceedings against third accused Mohd Arif was abated after he died during the pendency of the trial.
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"...Both the sides are now having cordial relation and injured persons are no longer interested in pursuing their matter. Merely because at any subsequent stage, any such development takes place would not tantamount to evaporation of the actual occurrence and offences," the court said.
The court, however, took into account young age of the two convicts and the fact that they have apologised to the injured who are not interested in pursuing the case, released them on probation of good conduct and behaviour.
"Keeping in mind the overall facts and circumstances of the case, the fact that accused persons have apologised and the injured persons are no longer interested in pursuing the matter and keeping in mind the previous clean antecedents of both the convicts, I, instead of sentencing both the convicts at once, order that they both be released on probation..." the judge said.
According to prosecution, during a wedding ceremony on October 3, 2009, victim Gulshan had heated arguments with Rajat who was in an inebriated state.
Later, on the evening of October 4, 2009, Rajat, along with his friends Sandeep and Mohd Arif, beat up Gulshan and his friend Amit with a baseball bat and iron rod.
In the clash, Gulshan was injured and became unconscious while Amit suffered simple injuries.
