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Ram Shanker and ors. Vs. State of Uttar Pradesh - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtSupreme Court of India
Decided On
Case NumberCriminal Appeal No. 465 of 1981
Judge
Reported in(1982)3SCC388a
ActsIndian Penal Code (IPC), (IPC) 1860 - Sections 307, 325/34
AppellantRam Shanker and ors.
RespondentState of Uttar Pradesh
Excerpt:
- [r.b. mishra and; s. murtaza fazal ali, jj.] -- criminal procedure code, 1973 — section 320 — conviction for non-compoundable offence altered in appeal to that for a compoundable offence — matter allowed to be compounded -- we, therefore, convert the conviction of appellant ram shanker from one under section 307, ipc to that under sections 325/34, ipc......the parties that the offence may be compounded. in the circumstances, therefore, so far as the offence under sections 325/34, ipc is concerned, we sanction the compounding of the offence as the parties have settled their differences and acquit ram shanker of the charges framed against him. the offence under section 323, ipc is compoundable without permission of the court, and as sheo shanker and nand kumar have compounded the offence, they are acquitted of the charges framed against them.
Judgment:

R.B. Mishra and; S. Murtaza Fazal Ali, JJ.

1. After hearing counsel for the parties, we find that it was not a case under Section 307, IPC at all. We, therefore, convert the conviction of appellant Ram Shanker from one under Section 307, IPC to that under Sections 325/34, IPC. An application has been made by both the parties that the offence may be compounded. In the circumstances, therefore, so far as the offence under Sections 325/34, IPC is concerned, we sanction the compounding of the offence as the parties have settled their differences and acquit Ram Shanker of the charges framed against him. The offence under Section 323, IPC is compoundable without permission of the Court, and as Sheo Shanker and Nand Kumar have compounded the offence, they are acquitted of the charges framed against them.


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