LexMATHURA SINGH & ORS. versus STATE OF U.P.
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[2009] 7 S.C.R. 102 MATHURA SINGH & ORS. ~ A v. STATE OF U.P. Criminal Appeal No. 851 of 2009 B APRIL 27, 2009 (DR. ARIJIT PASAYAT AND ASOK KUMAR GANGULY, JJ.) CODE OF CRIMINAL PROCEDURE, 1973: c s.320 - Compounding of offences - Accused convicted by trial court ulss. 307134 and 323134 /PC - High Court converting conviction to ss.324134 and 323134 !PC - Application by complainant and accused for permission to compound the offences - Allowed - Conviction and sentence set aside - Penal Code, 1860 ss.324134 and 323134. • D In the instant appeal filed against the judgment of the High Court whereby the conviction recorded by trial court u/ss 307/34 and 323/34 IPC was altered to ss.324/34 and 323/34 IPC, the complainant and the accused filed an - E application for permission to compound the offences. Disposing of the appeal, the Court HELD : The complainant has volunteered to compound the offence with the appellants for sufficient F and genuine reasons as stated in the affidavits and such compounding would be proper. So far as the offence u/s 323 IPC is concerned, it is compoundable with the consent of the injured. So far as the offence u/s 324 is concerned, it is compoundable by the person to whom G hurt is caused with the permission of the Court, in terms - of Sub-section (2) of s.320 IPC. The offences h~ving been .. permitted to be compounded, the conviction and sentence are set aside. (para 5, 6) [105-A-C] H 102. MATHURA SINGH & ORS. V. STATE OF U.P. 103 , ... Mano} and Anr v. State of Madhya Pradesh 2008 (9) SCC A ~ 116) - relied on. Case Law Reference 2ooa (9) sec 116) relied on para 4 CRIMINALAPPELLATE JURISDICITON: Criminal Appeal B _., No. 851 of 2009 From the Judgement and Order dated 31.03.2008 of the Hon'ble High Court of Judicature at Allahabad, Lucknow Bench, Lucknow in Criminal Appeal No. 636 of 1985. c S. Parikh, A.N. Singh, J. Sahu, Mamta Saxena, Anita Shenoy, for the Appellant. Aditya K. Dubey, Shankar Divate, Umesh B. Chaurasiya, .. for the Respondent. D The Judgement of the Court was delivered by DR. ARIJIT PASAYAT, J. 1. Leave granted. 2. Challenge in this appeal is to the judgment passed by E .. the learned Single Judge of Allahabad High Court, Lucknow A Bench, allowing the appeal filed by the appellants in part. The appellants were convicted by learned Additional Sessions Judge, Sultanpur, for offences punishable under Sections 307 F and 324 both read with Section 34 of the Indian Penal Code, 1860 (in short 'IPC'). For the offence relatable to Section 307 read with Section 34 each was sentenced for imprisonment for five years R.I. and for'the offence under Section 323/34 each was sentenced for six months R.I. G 2. By the impugned judgment the High Court altered the ~ conviction to Section 324 read with Section 34 and 323 read with Section 34 IPC. It is not necessary to go into the factual aspects in detail as an application has been filed by the complainant and the accused persons stating that the H 104 SUPREME COURT REPORTS [2009] 7 S.C.R. A occurrence took place nearly 25 years back and the parties are .. related to each other and, therefore, they may be permitted to compound the offences. Individual affidavits of all the parties f have been filed. It is to be noted that one of the injured persons Mutra Devi has expired on 23.3.1985. B 3. As noted above, presently the appellants stand convicted for offences punishable under Sections 323 and 324 read with Section 34 IPC. 4. This Court in Manoj and Anr. v. State of Madhya c Pradesh (2008 (9) SCC 116), has held as under: 13. We have examined the provisions of Section 320 of the Code of Criminal Procedure (for short "CrPC") which deals with compounding of offences. Section 320(1) CrPC provides that the offences punishable under the sections D of the Penal Code specified in the first two columns of the .. table next following may be compounded by the persons mentioned in the third column of that table. Under sub- section (2) of Section 320, offences punishable under the sections of the Penal Code, specified in the first two E columns of the table next following may, with the permission of the court before which any prosecution for such offence is pending, be compounded by the persons mentioned in the third column of that table. Voluntarily causing hurt by A dangerous weapons or means by the accused constitutes F an offence under S
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