N. S. SHEKHAWAT
Gurpreet Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
N.S.Shekhawat J.
1. The present appeal has been preferred against the judgment of conviction dated 15.01.2009 and order of sentence dated 22.01.2009, passed by the Court of Additional Sessions Judge, Moga, whereby the present appellants were convicted for the offences punishable under Sections 307, 323, 452, 148 and 149 and were sentenced to undergo as under:-
| Under Section 307 IPC | Rigorous imprisonment for five years and to pay a fine of Rs.1000,/-. In default of payment of fine, he shall further undergo rigorous imprisonment for one month. |
| Under Section 323/149 IPC | Rigorous imprisonment for six months and to pay a fine of Rs.500,/-. In default of payment of fine, he shall further undergo rigorous imprisonment for 15 days. |
| Under Section 148 IPC | Rigorous imprisonment for one year |
| Under Section 452 IPC | Rigorous imprisonment for two years and to pay a fine of Rs.500/-. In default of payment of fine, he shall further undergo rigorous imprisonment for one month. |
| Appellant Dharminder Singh | |
| Under Section 307/149 IPC | R |
Piara Singh v. State of Punjab 1996(2) RCR(Cri) 371
Ramgopal and another Vs. State of Madhya Pradesh”
Point of Law : 15.5. Section 482 of Code to quash criminal proceedings in respect of non-compoundable offences, which are private in nature and do not have a serious impart on society, on ground that....
A conviction for attempt to murder requires independent proof of murderous mens rea, which cannot be presumed solely from the severity of injuries. When an assault is spontaneous and lacks evidence o....
(1) Compounding of offence – Quashing of offence or criminal proceedings on the ground of settlement between an offender and victim is not the same thing as compounding of offence.(2) Mere mention of....
The main legal point established in the judgment is that the offence under Section 307 of IPC is not a private offence but a crime against society, and the nature of the injuries and seriousness of t....
The court emphasized that FIRs for heinous offences like Section 307 IPC cannot be quashed based solely on compromise, prioritizing societal impact and the possibility of conviction.
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