SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2014 Supreme(P&H) 878

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Karam Chand Puri, J.
Baghel Singh – Appellants
Vs.
State of Punjab – Respondent
C.R.A. No. 1711-SB of 2003
Decided On: 09.05.2014

Advocates Appeared:
For Appellant/Petitioner/Plaintiff:R.P. Dhir and J.B.S. Gill, Advocates.
For Respondents/Defendant:Ajaib Singh, Additional Advocate General.

The court allowed the compounding of the offence under Section 326 IPC at the appellate stage, emphasizing the importance of maintaining peace between the parties.

Headnote:

Compounding of Offence - Section 326 IPC - The court allowed the compounding of the offence under Section 326 IPC at the appellate stage, citing previous authorities, as it would be a starting point in maintaining peace between the parties.

Fact of the Case:

The appellant was acquitted of the offence under Section 307 IPC but convicted for the offence under Section 326 IPC. The appellant filed an appeal citing a compromise during the pendency of the appeal.

Finding of the Court:

The court accepted the appeal, set aside the judgment and order of conviction, and acquitted the accused based on the compromise, citing previous authorities allowing compounding of the offence under Section 326 IPC at the appellate stage.

Issues: The issue revolved around the compounding of the offence under Section 326 IPC during the pendency of the appeal.

Ratio Decidendi: The court relied on previous authorities to allow the compounding of the offence under Section 326 IPC at the appellate stage, emphasizing the importance of maintaining peace between the parties.

Final Decision: The accused was acquitted based on the compromise, and the judgment and order of conviction were set aside.

JUDGMENT

Karam Chand Puri, J.

1. Baghel Singh - appellant before this Court was put to trial for offence under Section 307, 326, 324 IPC vide FIR No. 12 dated 10.2.2002, by the SHO of Police Station Garshankar. Learned trial Court after trial, acquitted the accused in respect of offence under Section 307 IPC. However, he was convicted for offence under Section 326 IPC and was sentenced to undergo rigorous imprisonment for a period of 2 years and to pay a fine of Rs. 1,000/- and in default of payment of fine to further undergo rigorous imprisonment for one month, vide judgment and order dated 28.8.2003 passed by Sh. Surjit Singh, Additional Sessions Judge (Adhoc), Hoshiarpur. Feeling dissatisfied with the abovesaid judgment of conviction, Baghel Singh appellant has preferred the present appeal.

2. During the pendency of the appeal, C.R.M. No. 3318 of 2014 has been filed to the effect that the matter has been compromised. Copy of the compromise was given to the State counsel.

3. Learned State counsel was asked to file reply. Reply has not been filed.

4. Counsel for the complainant has placed on record affidavit of Ravinder Singh complainant, wherein it is mentioned that parties have arrived at a compromise.

5. This Court in authorities reported as Lal Chand vs. State of Haryana, 2009 (5) RCR (Criminal) 838 and Chhota Singh vs. State of Punjab, 1997 (2) RCR (Criminal) 392, allowed the compounding of offence in respect of offence under Section 326 IPC at the Appellate stage, where the Court came to the conclusion that it will be a starting point in maintaining peace between the parties. So, relying upon the abovesaid authorities, the appeal stands accepted, the judgment and order of conviction stands set aside and the accused stands acquitted in view of compromise.

A copy of the judgment be sent to trial Court for compliance.


Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top