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2022 Supreme(Raj) 852

PUSHPENDRA SINGH BHATI
Indraraj S/o Shri Rajaram – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
Advocate Appeared:
For the Appellant : R.D.S.S. Kharlia.
For the Respondents: Abhishek Purohit, Rakesh Kumar Sinha.

Judgement Key Points

Key Points: - The court balanced the applicability of Section 326 IPC vis-a-vis Section 307 IPC and replaced conviction under Section 307 IPC with Section 326 IPC. (!) (!) - The compromise between the parties, being neighbors in a land-dispute, was considered to bury hatchet and influenced quashing of proceedings/acquittal in certain appeals. (!) (!) (!) (!) - The court exercised powers under Article 142 to quash criminal proceedings and acquit the appellants, citing factors like private nature of offences, lack of grave violence, and voluntary settlement. (!) (!) (!) (!) - The appellant in Criminal Appeal No. 910/2005 received the benefit of the Probation of Offenders Act due to lack of prior antecedents and the nature of the offence (Section 323 IPC). (!) (!) (!) - The judgment discusses the broader legal principles for discharge under Section 227 Cr.P.C. and the interplay with Article 142/Section 482 powers in quashing proceedings. (!) (!) (!)

What is the balance between Section 326 IPC and Section 307 IPC in cases involving doubts about the intention to cause death or attempt to murder?

What is the effect of a compromise between parties in a land dispute on criminal convictions under IPC as discussed in this judgment?

What is the applicability of Probation of Offenders Act and Article 142 powers in quashing or modifying convictions in light of settled disputes between neighbors?


ORDER :

1. This criminal appeal has been preferred claiming the following reliefs:

    “It is therefore, humbly prayed that this appeal of the appellant/accused may kindly be allowed and the impugned judgment dated 30.11.2018 passed by learned Additional Sessions Judge, Raisinghnagar, District Sri Ganganagar, in Sessions Case No. 04/2014 (CIS No. 94/2014), be quashed and set aside as and appellant/accused may kindly be acquitted.”

2. Learned counsel for the parties jointly submit that a compromise has been arrived at between the parties.

3. Learned counsel for the parties submit that the parties are neighbors and due to land dispute an altercation happened between the parties, which resulted into the present incident.

4. Learned counsel for the appellant makes a statement at Bar that there are no previous criminal antecedents against the appellant. Learned counsel further submits that the appellant has undergone custody of two months at earlier stage.

5. Learned counsel for the appellant has referred to the judgments of Hon’ble Supreme Court in the case of Ishwar Singh vs. State of Madhya Pradesh, AIR 2009 SC 675 and Gian Singh vs. State of Punjab and Another, (2012) 10 SCC 303.

6. Learned co

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