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Abrar Ali And Another v. State Of Uttar Pradesh

Abrar Ali And Another v. State Of Uttar Pradesh

(Supreme Court Of India)

Criminal Appeal No. 110 Of 1979 | 04-12-1991

Though in this appeal at one time this Court altered the conviction of the appellants from one under Section 308 IPC to Section 325 IPC and had permitted compounding of the offence in order to promote peace and amity between the parties after the appellants had undergone about three months of rigorous imprisonment, which order was recalled later on the basis that wrong representations were made before this Court, still we feel that the cause (sic course) adopted by this Court earlier should be ventured upon again though in a different way. Thus having heard learned counsel for the parties and having perused the judgment under appeal, we maintain the conviction of the appellants under Section 308 IPC but alter their sentence of imprisonment to the period already undergone adding it with a fine of Rs 12, 500 each, on the non-payment of which each of them shall undergo twenty months rigorous imprisonment. The fine be paid within a period of six weeks from today. On the payment or recovery of fine, as the case may be, two sums of Rs 10, 000 as and when paid and recovered from the respective appellants shall be paid over to the complainant as compensation and the balance shall go to the State coffers. The learned Sessions Judge, Lucknow in whose Court the fine would be collected is required to give prompt intimation to the complainant of his right to come and receive the compensation as expeditiously as possible. With these orders, the appeal stands disposed of.

Advocate List
  • For
Bench
  • HON'BLE JUSTICE G. N. RAY
  • HON'BLE JUSTICE M. M. PUNCHI
Eq Citations
  • (1992) SCC CRI 666
  • (1992) SUPPL. 2 SCC 163
  • LQ/SC/1991/666
Head Note

Criminal Law — Compounding of Offences — Compounding of offence after conviction — When permissible — Wrong representations made before Supreme Court — Effect ?? Though in this appeal at one time Supreme Court altered conviction of appellants from one under S. 308 IPC to S. 325 IPC and permitted compounding of offence in order to promote peace and amity between parties after appellants had undergone about three months of rigorous imprisonment, which order was recalled later on basis that wrong representations were made before Supreme Court, still court felt that cause (sic course) adopted by Supreme Court earlier should be ventured upon again though in a different way — Thus having heard learned counsel for parties and having perused judgment under appeal, court maintained conviction of appellants under S. 308 IPC but altered their sentence of imprisonment to period already undergone adding it with a fine of Rs 12, 500 each, on non-payment of which each of them shall undergo twenty months' rigorous imprisonment — Fine, when paid or recovered, two sums of Rs 10, 000 as and when paid and recovered from respective appellants shall be paid over to complainant as compensation and balance shall go to State coffers — Penal Code, 1860 — S. 308 — Art. 147 CrPC — Compounding of offence after conviction