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2009 Supreme(All) 3180

[2009(10) ADJ 13 (NOC)]
ALLAHABAD HIGH COURT
BEFORE : SHRI KANT TRIPATHI, J.
RAM MURAT AND OTHERS ....Appellants (In Jail)
Versus
STATE .....Respondent
(Criminal Appeal No. 2342 of 1981, decided on 16th September, 2009)

Advocates:
Counsel :
P.P. Srivastava, Virendra Singh, Sapan Kumar Singh, Jai Prakash Srivastava for the Appellants; R.S. Tiwari, C.D. Singh, A.G.A. for the Respondent.

Headnote:(Indian) Penal Code, 1860—Sections 307, 149, 148, 147 and 323—Attempt to murder—Conviction—Sustainability of—Both injured persons were medically examined—Doctor’s report shows that injuries were simple—Caused by blunt object and also caused by a sharp edged weapon—None of injuries sustained by injured dangerous to life—Acts committed by appellants do not constitute offence punishable under Section 307 read with Section 149 of IPC—But constitute only offence punishable under Section 323 read with Section 149 of IPC—Offence under Sections 147 and 148 of IPC are not compoundable—Appellant cannot be acquitted on basis of compromise—Conviction modified. Appeal Partly Allowed.

       

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