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1999 Supreme(SC) 78

K.T.THOMAS, M.B.SHAH
Ram Lal – Appellant
Versus
State Of J & K – Respondent


Judgement Key Points

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Order

Leave granted.

2. The first appellant Ram Lal stands convicted of the offence under Section 326 of the IPC and is undergoing a sentence of three years. The second appellant has been convicted of Section 324 of the IPC and was sentenced to imprisonment for two years. The parties have compromised and a petition for compounding has been filed. We cannot accede to the request for compounding in regard to the offence under Section 326 IPC as the same is a non-compoundable offence. Sri DD Thakur, learned Senior Counsel invited our attention to the decisions of this Court in Y. Suresh Babu v. State of AP & Anr.1 and Mahesh Chand and another v. State of Rajasthan2 wherein non-compound­able offences were allowed to be compounded. In Y. Suresh Babu (Supra) it was specifically observed that the said case “shall not be treated as a precedent.” In the latter case (Mahesh Chand) offence under Section 307 IPC was permitted to be compounded with the following observations:

“Wee gave our anxious consideration to the case and also the plea put forward for seeking permission to compound the offence. After examining the nature of the case and circumstances under which the offence was committed, it








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