LexMANOJ & ANR. versus STATE OF MADHYA PRADESH
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
(2008] 13 S.C.R. 989
MANOJ & ANR.
A
v.
STATE OF MADHYA PRADESH
(Criminal Appeal No. 1530 of 2008)
SEPTEMBER 25, 2008
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[R.V. RAVEENDRAN AND LOKESHWAR SINGH
PANTA, JJ.]
Code of Criminal Procedure, 1973 - s. 320 .(2) - Con-
viction u/s 324 and 324134 /PC - Compounding of the offence c
- Permissibility - Held: Offence u/s 324 /PC can be com-
pounded by the person to whom the hurt is caused, with the
permission of the Court - In the facts of the case, the Court is
satisfied tf]at the complainant has voluntarily desired to com-
pound the offence - Penal Code, 1860 - s. 324.
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Trial court convicted appellant No. 1 u/s. 307 IPC and
u/s 25 (1 B) (a) and s. 3 of Arms Act. Appellant No. 2 and
another accused were con.victed u/s 307 r/w s. 34 IPC.
High Court converted the conviction u/s. 307 and 307 r/w
s. 34 ll~C to one under s. 324 and 324 r/w 34 respectively.
E
Appellant No. 1 was acquitted of the provisions under
Arms Act. Appeal was preferred to this Court by the ap-
pellants. Appellants filed petition seeking compounding
of the offences. They stated that they and the complain-
. ant have compounded the offence with the intervention
F
of the village Panchayat. The complairJant in his affidavit
also stated to the same effect.
Disposing of the appeal, the Court
HELD: 1. Voluntarily causing hurt by dangerous G
weapons or means by the accused constitutes an offence
under Section 324 IPC which can be compounded by per-
son to whom hurt is caused with the permission of the
Court in terms of sub-Section (2) of Section 320 Cr.P.C.
989
H
990
SUPREME COURT REPORTS
[2008] 13 S.C.R.
A Code of Criminal Proc~dure (Amendment) Act, 2005 [Act
No.25/2005] amending Section 320 Cr.P.C. whereby in the
Table under sub-section (2) (a) omitting the words "vol-
untarily causing hurt by dangerous weapons or means"
in column 1 and the entries relating thereto in columns 2
B and 3, has not yet been brought into force. Therefore, the
offence under 324 is still compoundable with the permis·
sion of the Court. [Paras 12 and 13] [995,A·C]
. 2. The appellants and the complainant are residents
of the same village and with the intervention of the village
C panchayat, the complainant has compounded the offence
with the appellants and now he has no grievance against
them. The appellants and the complainant have categori-
cally stated in their affidavits filed before this Court that
after the incident they have developed family relations and
D they wish to reside peacefully in the village in future with·
out any kind of disruption in their future lives. The court
is satisfied that the complainant has voluntarily desired
to compound the offence with the appellants for sufficient
and genuine reasons stated in their respective affidavits
E and such compounding is legal and valid. The parties are
allowed to compound the offence u/s. 324 IPC. [Paras 14
F
G
H
and 15] [995,D·F]
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CRIMINALAPPELLATE JURISDICTION: Criminal Appeal
No. 1530 of 2008
From the final Judgment and Order dated 11.12.2007 of
the High Court of Madhya Pradesh, Bench at Gwalior in Crl.
Appeal No. 631 of 2000 .
Jai Prakash Pandey and F.I. Choudhury for the Appellants.
R.P. Gupta, G.D. Singh, Sunny Chowdhary, Vairagya
Vardhan Dubey, Aditya Singh, Pramod Kumar Yadav, Viresh
Kumar Yadav and Goodwill lndeevar for the Respondent.
The Judgment of the Court was delivered by
?. J ('. ··. MANOJ & ANR. v.'STATE OF MADHYA
PRADESH
991'
· , LOKESHWAR SINGH .PANTA, J. 1. Leave granted.
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._ .. 2. Manof and Bijendra Singh - two broth.ers have filed this,
a'ppeal against the.judgment and order dated 11.12 . .2007
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passed in Criminal Appeal No. 631/2000 by.the High Court of
Madhya Prract'!3sh8ench at. Gwalior,,whereby and. whereunder,.
the c~nvic~ion,?f Manoj-apP.~llant,No .. 1, h~[ein repord~d by 8
Special Juqge (t'JD~S) ~nd,Additi<?,~al ?ession;s J.udge.:Gwalior
in Sessions Trial No .. 161/99 under Section 307 readwith Sec-
tion 34 'of the indian,Pena{ Code [for sti.ort 'IPC'J has been. al- .
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tered ,to Section 324, IP.C and sentenced to undergo,rigorous ..
imprisonment for 3'years, ~iiereas convicti~n of Bijendra Singh; 'c
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