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MainuddIn Vs. State of Uttar Pradesh and anr. - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtSupreme Court of India
Decided On
Case NumberCriminal Appeal No. 239 of 1981
Judge
Reported in(1982)3SCC367
ActsIndian Penal Code (IPC), (IPC) 1860 - Sections 324 Read with 325
AppellantMainuddin
RespondentState of Uttar Pradesh and anr.
Excerpt:
- [y.v. chandrachud, c.j. and; e.s. venkataramiah, j.] -- criminal procedure code, 1973 — section 320 — conviction altered in appeal to an offence which was compoundable — permission to compound granted to one set of accused — held, must be granted to the co-accused as well -- since permission has been granted to the other accused to compound the offences, we grant permission to the parties herein to compound the offence.y.v. chandrachud, c.j. and; e.s. venkataramiah, j.1. heard counsel. special leave granted.2. following the order dated january 15, 1981*, passed by justice r.s. sarkaria and one of us, namely justice e.s. venkataramiah, the offences disclosed against the appellant must be held to be under section 324 read with section 325 of the penal code. these offences are compoundable with the permission of the court. since permission has been granted to the other accused to compound the offences, we grant permission to the parties herein to compound the offence. as a consequence, the appeal will stand allowed and the appellant will stand acquitted of the charges mentioned above. the appellant shall be released forthwith, insofar as the instant case goes.
Judgment:

Y.V. Chandrachud, C.J. and; E.S. Venkataramiah, J.

1. Heard counsel. Special leave granted.

2. Following the Order dated January 15, 1981*, passed by Justice R.S. Sarkaria and one of us, namely Justice E.S. Venkataramiah, the offences disclosed against the appellant must be held to be under Section 324 read with Section 325 of the Penal Code. These offences are compoundable with the permission of the Court. Since permission has been granted to the other accused to compound the offences, we grant permission to the parties herein to compound the offence. As a consequence, the appeal will stand allowed and the appellant will stand acquitted of the charges mentioned above. The appellant shall be released forthwith, insofar as the instant case goes.


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