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1973 Supreme(SC) 218
SUPREME COURT OF INDIA
H.R. KHANNA AND A. ALAGIRISWAMI, JJ.
Bhim Singh and others, Appellants
Versus
State of U.P., Respondent.
Criminal Appeal No. 65 of 1973, D/-28-7-1973
Permission to compound the offence under Section 324 Indian Penal Code can be granted if the parties have amicably settled the matter.
Headnote:
Compoundable Offence - Criminal Law - The court granted permission to compound the offence under Section 324 Indian Penal Code after the injured person settled the matter with the appellants, leading to the acquittal of the appellants.
Fact of the Case:
The appellants were convicted under different sections of the Indian Penal Code for causing hurt to a person. The injured person later settled the matter with the appellants.
Finding of the Court:
The High Court altered the convictions and sentences of the appellants based on the settlement between the injured person and the appellants. The Supreme Court granted permission to compound the offence and acquitted the appellants.
Issues: Conviction under different sections of the Indian Penal Code, settlement between the injured person and the appellants, permission to compound the offence.
Ratio Decidendi: The settlement between the injured person and the appellants led to the grant of permission to compound the offence under Section 324 Indian Penal Code, resulting in the acquittal of the appellants.
Final Decision: The Supreme Court granted permission to compound the offence, set aside the conviction of the appellants, and acquitted them.
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Judgment
KHANNA, J. :- Ram Singh, Bhim Singh and Krishna Murari were tried in the court of Civil and Sessions Judge Kanpur, Bhim Singh was convicted under Section 398, Indian Penal Code and was sentenced to undergo rigorous imprisonment for a period of seven years, while the other two appellants were convicted under Section 394 Indian Penal Code and each of them was sentenced to undergo rigorous imprisonment for a period of three years. On appeal the Allahabad High Court altered the conviction of Bhim Singh to that under Section 324 Indian Penal Code and sentenced him to undergo rigorous imprisonment for a period of 18 months. The conviction of Ram Singh and Krishna Murari was altered to that under Section 324 read with Section 34 Indian Penal Code and each of them was sentenced to undergo rigorous imprisonment for a period of one year. It was held by the High Court that on September 8, 1967 Bhim Singh appellant at the instigation of the two other appellants had caused hurt to Ram Sarup on the road behind Jaipuria House in Kanpur. The appellants thereafter came up in appeal to this Court by special leave.
2. An application was also filed on behalf of the appellants that they had compounded the offence with Ram Sarup injured person. An affidavit of Ram Sarup was also filed and in that Ram Sarup stated that he had amicably settled the matter with the appellants of his own free will and without any extraneous pressure.
3. The offence under S. 324 Indian Penal Code is compoundably with the permission of the Court. As it is stated that the parties have amicable settled the matter, it would in our opinion be in the fitness of things if permission to compound the offence is granted. We accordingly grant the necessary permission, set aside the conviction of the appellants and acquit them.
Order accordingly.
For Citation : AIR 1974 SC 1744
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