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1988 Supreme(SC) 298

SUPREME COURT OF INDIA
K.N.Singh : Sabyasachi Mukharjee
Ishwarlal
Versus
State Of M.P.
Case No. : 250 of 1988
Date of Decision : 4/19/88

Headnote:

Offence is not compoundable - Having regard to facts and circumstances of the case and having regard to fact that affidavit for compromise has been filed, though offence is not compoundable, court reduce sentence imposed to Appellant undergone – Held, court do so in the light of the aforesaid circumstances - Sentence is modified to period of sentence already undergone - This Order is fortified by this court decision in Ram Pujan and Others Vs.State of U.P (AIR 1973 SC 2418) = (1973 2 SCC 456) - In aforesaid view of the matter let sentence be reduced to the period already undergone - Appeal is allowed.

(1) SPECIAL leave granted.

(2) HAVING regard to the facts and circumstances of the case and having regard to the fact that affidavit for compromise has been filed, though the offence is not compoundable, we reduce the sentence imposed to the Appellant undergone. We do so in the light of the aforesaid circumstances. The sentence is modified to the period of sentence already undergone. This Order is fortified by this courts decision in Ram Pujan and Others Vs.State of U.P (AIR 1973 SC 2418) = (1973 2 SCC 456).

(3) IN the aforesaid view of the matter let the sentence be reduced to the period already undergone. The appeal is allowed to the extent indicated above.

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