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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANUBHA RAWAT CHOUDHARY
Nimai Pandit S/o Bhushan Pandit – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. overview of case and convictions (Para 1 , 2 , 3) |
| 2. settlement between parties and compromise discussion (Para 4 , 5) |
| 3. debate around non-compoundable offences and implications (Para 6 , 12 , 13 , 14 , 26) |
| 4. nature of injuries and their implications on case (Para 7 , 21) |
| 5. court's evaluation of evidence presented (Para 24 , 25 , 29) |
| 6. supreme court decisions on sentencing and compromise (Para 28 , 34) |
| 7. modification of sentences based on compromise principle (Para 31 , 32 , 33) |
| 8. acknowledgment and remuneration for amicus assistance (Para 37 , 38 , 39) |
JUDGMENT :
ANUBHA RAWAT CHOUDHARY, J.
1. Heard the learned counsel appearing on behalf of the parties including the learned counsel for the informant, namely, Nimai Pandit S/o Pandu Pandit, who is also the sole victim in the present case.
2. This appeal has been filed for setting aside the judgment of conviction dated 02.08.2005 and sentence dated 03.08.2005 passed in Sessions Case No.206/1999 corresponding to Sessions Case No.12/2001 by the learned 1st Additional Sessions Judge, Jamtara, whereby the appellant nos. 1 to 4 has been held guilty of offence under Sections 147 and 323 of IPC ; appellant no. 5 has been held
In cases of non-compoundable offenses, while the conviction cannot be set aside due to compromise, the sentencing may be adjusted based on reconciliation between parties and circumstances such as pre....
Offences which are non-compoundable cannot be compounded by a criminal Court under Section 320 of Cr.P.C. – However, there is scope of compounding offences by invoking inherent powers of High Court v....
Court can reduce sentencing for non-compoundable offences when parties reach consensus, considering the personal nature of the offences and mutual resolution.
(1) For deciding just and appropriate sentence to be awarded for an offence, aggravating and mitigating factors and circumstances of which crime has been committed are to be taken into consideration ....
Conviction upheld - Voluntarily causing grievous hurt - X-ray report - Oral evidence of victim matches with medical evidence and injury report has been proved.
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