Ram Prasad And Another v. State Of Uttar Pradesh

Ram Prasad And Another v. State Of Uttar Pradesh

(Supreme Court Of India)

Criminal Appeal No. 308-309 Of 1980 | 21-04-1980

Bhagwati, J.

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 IPC, 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.

Advocate List
Bench
  • HON'BLE JUSTICE P. N. BHAGWATI
  • HON'BLE JUSTICE E.S.VENKATARAMIAH
Eq Citations
  • (1982) SCC CRI 375
  • (1982) 2 SCC 149
  • LQ/SC/1980/203
Head Note

Keywords:** * Compounding of Offences * Section 307 read with Section 34 of the IPC * Section 324 read with Section 34 of the IPC * Simple Hurt * Larger Interest of Peace and Harmony **Facts:** * The appellants were convicted of an offence under Section 307 read with Section 34 of the IPC for firing at the complainant, Shri Ram, causing him simple hurt. * The appellants and Shri Ram appeared before the Court expressing their desire to compound the offence. **Issue:** * Whether the offence should be compounded in the interest of peace and harmony between the parties. **Held:** * The Court converted the appellants' conviction from Section 307 read with Section 34 to Section 324 read with Section 34, considering the nature of the injury sustained by Shri Ram. * The Court allowed the parties to compound the offence, considering the larger interest of peace and harmony between them and the nature of the injury. **Judgment:** The Court acquitted the appellants of the offence under Section 324 read with Section 34 and disposed of the appeals accordingly.