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Ram Prasad and anr. Vs. State of Uttar Pradesh - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtSupreme Court of India
Decided On
Case NumberCriminal Appeals Nos. 308-309 of 1980
Judge
Reported in(1982)2SCC149
ActsIndian Penal Code (IPC), (IPC) 1860 - Sections 324, 307, Read With 34
AppellantRam Prasad and anr.
RespondentState of Uttar Pradesh
DispositionAppeal Disposed
Excerpt:
- [ p.n. bhagwati and; e.s. venkataramiah, jj.] -- penal code, 1860 — sections 307/34 and 324/34 — victim receiving only one simple injury on his shoulder — having regard to the nature of injury sustained, conviction altered from one under section 307 read with section 34 to section 324 read with section 34 -- we would, therefore, convert the conviction of the appellants to one under section 324 read with section 34. we accordingly acquit the appellants of the offence under section 324 read with section 34......the parties belong to the same village and desire to compound the offence, we think, in the larger interest of peace and harmony between the parties and having regard to the nature of the injury, that it would be proper to allow the parties to compound the offence.2. we accordingly acquit the appellants of the offence under section 324 read with section 34. the appeals will stand disposed of accordingly.
Judgment:

P.N. BHAGWATI, J.

1. The appellants, who are the accused and the complainant, Shri Ram, who was the person injured as a result of firing, have appeared before us and stated that they wish to compound the offence. The offence for which both the appellants have been convicted is one under Section 307 read with Section 34 of the Indian Penal Code, but having regard to the nature of the injury sustained by Shri Ram, we think that the proper offence for which the appellants should have been convicted was under Section 324 read with Section 34. Shri Ram received only one injury on the shoulder and that was also in the nature of simple hurt. We would, therefore, convert the conviction of the appellants to one under Section 324 read with Section 34. Since the parties belong to the same village and desire to compound the offence, we think, in the larger interest of peace and harmony between the parties and having regard to the nature of the injury, that it would be proper to allow the parties to compound the offence.

2. We accordingly acquit the appellants of the offence under Section 324 read with Section 34. The appeals will stand disposed of accordingly.


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