In Brief
Three siblings were convicted of arson (Section 436 IPC) and voluntarily causing hurt (Section 323 IPC) arising from a land boundary dispute. The Supreme Court held that only appellants 1 and 3 (husband and wife) should be convicted for setting fire to the complainant brother's house, as appellant 2 (Vivek) merely pelted stones and lacked shared common intention. While non-compoundable offences cannot be formally compounded, compromise is a relevant factor for sentencing. The Court reduced sentences to time served for appellants 1 and 3, and acquitted all three of the hurt charge under Section 320(8) Cr.P.C. given the family reconciliation."
The lawyer headnote and full judgment text are available to registered users.