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1980 Supreme(SC) 221

SUPREME COURT OF INDIA
RAM PRASAD
versus
State of Uttar Pradesh
Decided On (April 21, 1980)

Headnote:

Indian Penal Code, 1860 – Sections 307, 34 and 324 – Offence of Attempt to Murder – Voluntarily Causing Harm – Act Done by Several Person - Charged - Offence for which both appellants have been convicted is one under S read with S of but having regard to nature of injury sustained by Court think that proper offence for which appellants should have been convicted was under S read with section - Received only one injury on shoulder and that was also in nature of simple hurt – Held, Court would therefore convert conviction of appellants to one under S read with S - Since parties belong to same village and desire to compound offence Court think in larger interest of peace and harmony between parties and having regard to nature of the injury that it would be proper to allow parties to compound offence – Appeal Disposed of

Judgment

Bhagwati, J.

( 1 ) THE appellants, who are the accused and the complainant, Shri Ram, who was the person injured as a result of firing, have appeared before us and stated that they wish to compound the offence. The offence for which both the appellants have been convicted is one under S. 307 read with S. 34 of the IPC, but having regard to the nature of the injury sustained by Shri Ram, we think that the proper offence for which the appellants should have been convicted was under S. 324 read with section 34. Shri Ram received only one injury on the shoulder and that was also in the nature of simple hurt. We would, therefore, convert the conviction of the appellants to one under S. 324 read with S. 34. Since the parties belong to the same village and desire to compound the offence, we think, in the larger interest of peace and harmony between the parties and having regard to the nature of the injury, that it would be proper to allow the parties to compound the offence.

( 2 ) WE accordingly acquit the appellants of the offence under S. 324 read with S. 34. The appeals will stand disposed of accordingly.

.

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