1. Conviction under Section 326 Indian Penal Code for causing a nose-bone fracture with a knife. (Para 3 )
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2000 Supreme(SC) 729
SUPREME COURT OF INDIA
JALALUDDIN
Vs.
State of Uttar Pradesh
Decided on April 7, 2000
Offences under Section 326 of the Indian Penal Code are non-compoundable under Section 320 of the Code of Criminal Procedure. However, the court may exercise its discretion to reduce the sentence based on the facts of the case and the relationship between the parties.
Headnote:
Penal Code of India, Section 326-Criminal Procedure Code, 1973, Section 320 - Appellant convicted under Section 326 IPC and sentenced to RI for 18 months- Conviction maintained throughout- Application for compounding of offence rejected as the offence under Section 326 was not compoundable- However as the occurrence took place long back on a trivial issue and that complainant and the accused were close relations who were now living amicably, the sentence reduced to the period already undergone. [Paras 4 and 5 ]
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2. Request for compounding of offence under Section 320 Cr. P. C. based on a compromise between close relatives. (Para 4 )
3. Offence under Section 326 Indian Penal Code is non-compoundable, but triviality of dispute and amicable relations between relatives justify sentence reduction. (Para 4 , 5 )
4. Offences under Section 326 Indian Penal Code are not compoundable under Section 320 Cr. P. C. (Para 4 )
5. Application for compounding rejected; sentence reduced to the period already undergone, and appellant set at liberty. (Para 4 , 5 )
6. Can an offence under Section 326 of the Indian Penal Code be compounded under Section 320 of the Code of Criminal Procedure?
No, the offence under Section 326 of the Indian Penal Code is not compoundable and therefore cannot be compounded. (Para 4 )
7. Can a court reduce a sentence based on a compromise between relatives and the trivial nature of the incident?
Yes, the court may reduce the sentence to the period already undergone if the occurrence was based on a trivial issue and the parties are close relatives living amicably. (Para 5 )
( 1 ) DELAY condoned.
( 2 ) LEAVE granted.
( 3 ) THE appellant was armed with a chhura (knife) with which he gave a blow on Tengari, the father of the complainant, as a result of which his nose-bone was fractured. The appellant was convicted for the offence under Section 326 Indian Penal Code and his conviction has been maintained throughout. He has been sentenced to undergo 18 months rigorous imprisonment.
( 4 ) BEFORE us an application for compounding of offence under Section 320 Cr. P. C. has been filed in which it has been stated that the complainant and the appellant are close relatives and have compromised the dispute outside the Court. It is prayed that the offence may be permitted to be compounded. The offence under Section 326 Indian Penal Code is not compoundable and it cannot be compounded. The application for compounding is, therefore, rejected.
( 5 ) HOWEVER, having regard to the facts of this case that the occurrence had taken place on 24. 12. 1979 on a trivial issue and that complainant and the accused are close relatives who are now living amicably, we reduce the sentence of the appellant to the period already undergone. The appeal is disposed of accordingly. The appellant shall be set at liberty forthwith if not required in any other case.
