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Shah Noor Vs. State of Andhra Pradesh - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtSupreme Court of India
Decided On
Case NumberCriminal Appeal No. 576 of 1981 [in Special Leave Petition (Criminal) No. 3142 of 1980]
Judge
Reported in(1982)3SCC511
ActsIndian Penal Code (IPC), (IPC) 1860 - Section 326
AppellantShah Noor
RespondentState of Andhra Pradesh
Excerpt:
- [a.p. sen and; s. murtaza fazal ali, jj.] -- criminal procedure code, 1973 — section 320 — non-compoundable offence— settlement between parties — held, conviction would stand, sentence reduced to that already undergone and accused directed to pay compensation to the complainant -- counsel for the appellant states that a sum of rs 2000 has already been deposited, out of which a sum of rs 1000 has already been paid to the complainant......leave granted limited to the question of sentence.2. the appellant has settled the differences with the complainant, but as the offence under section 326 of the indian penal code is not compoundable, however, having regard to the peculiar circumstances of this case we uphold the conviction of the appellant but reduce his sentence to the period already undergone. in lieu of remission in sentence we impose a fine of rs 3000 to be paid to the complainant, in default of payment of fine the appellant will suffer rigorous imprisonment for one year. counsel for the appellant states that a sum of rs 2000 has already been deposited, out of which a sum of rs 1000 has already been paid to the complainant. we further direct that the appellant shall deposit a sum of rs 1000 within three months.....
Judgment:

A.P. Sen and; S. Murtaza Fazal Ali, JJ.

1. Special leave granted limited to the question of sentence.

2. The appellant has settled the differences with the complainant, but as the offence under Section 326 of the Indian Penal Code is not compoundable, however, having regard to the peculiar circumstances of this case we uphold the conviction of the appellant but reduce his sentence to the period already undergone. In lieu of remission in sentence we impose a fine of Rs 3000 to be paid to the complainant, in default of payment of fine the appellant will suffer rigorous imprisonment for one year. Counsel for the appellant states that a sum of Rs 2000 has already been deposited, out of which a sum of Rs 1000 has already been paid to the complainant. We further direct that the appellant shall deposit a sum of Rs 1000 within three months from today if he has already deposited a sum of Rs 2000. The whole amount of Rs 3000 shall be paid to the complainant.


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