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Bhim Singh and ors. Vs. the State of U.P. - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtSupreme Court of India
Decided On
Case NumberCriminal Appeal No. 65 of 1973
Judge
Reported inAIR1974SC1744; 1974CriLJ1285; (1974)4SCC97; 1973(5)LC754(SC)
ActsIndian Penal Code (IPC), 1860 - Sections 34, 324, 394 and 398
AppellantBhim Singh and ors.
RespondentThe State of U.P.
Excerpt:
- section 25: [dr. arijit pasayat, dr. mukundakam sharma & h.l. dattu, jj] transfer of cases petition by wife parties, husband and wife appearing before lok adalt settlement reached between parties parties agreed that they want divorce by mutual consent and also agreed not to proceed in pending criminal and civil disputes - petition disposed of in terms of settlement. direction to grant divorce by mutual consent issued. .....in the court of civil and sessions judge kanpur. bhim singh was convicted under section 398 indian penal code and was sentenced to undergo rigorous imprisonment for a period of seven years, while the other two appellants were convicted under section 394 indian penal code and each of them was sentenced to undergo rigorous imprisonment for a period of three years. on appeal the allahabad high court altered the conviction of bhim singh to that under section 324 indian penal code and sentenced him to undergo rigorous imprisonment for a period of 18 months. the conviction of ram singh and krishna murari was altered to that under section 324 read with section 34 indian penal code and each of them was sentenced to undergo rigorous imprisonment for a period of one year. it was held by the high.....
Judgment:

Khanna, J.

1. Ram Singh, Bhim Singh and Krishna Murari were tried in the court of Civil and Sessions Judge Kanpur. Bhim Singh was convicted under Section 398 Indian Penal Code and was sentenced to undergo rigorous imprisonment for a period of seven years, while the other two appellants were convicted under Section 394 Indian Penal Code and each of them was sentenced to undergo rigorous imprisonment for a period of three years. On appeal the Allahabad High Court altered the conviction of Bhim Singh to that under Section 324 Indian Penal Code and sentenced him to undergo rigorous imprisonment for a period of 18 months. The conviction of Ram Singh and Krishna Murari was altered to that under Section 324 read with Section 34 Indian Penal Code and each of them was sentenced to undergo rigorous imprisonment for a period of one year. It was held by the High Court that on September 8, 1967 Bhim Singh appellant at the instigation of the two other appellants had caused hurt to Ram Sarup on the road behind Jaipuria House in Kanpur. The appellants thereafter came up in appeal to this Court by special leave.

2. An application was also filed on behalf of the appellants that they had compounded the offence with Ram Sarup injured person. An affidavit of Ram Sarup was also filed and in that affidavit Ram Sarup stated that he had amicably settled the matter with the appellants of his own free will and without any extraneous pressure.

3. The offence under Section 324 Indian Penal Code in compoundable with the permission of the court. As it is stated that the parties have amicably settled the matter, it would, in our opinion, be in the fitness of things if permission to compound the offence is granted. We accordingly grant the necessary permission, set aside the conviction of the appellants and acquit them.


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