Mathura Singh &
Ors. Vs. State of U.P.  INSC 827 (27 April 2009)
IN THE SUPREME COURT
OF INDIA CRIMINAL APPELLATE JURISDICITON CRIMINAL APPEAL NO. 851 OF 2009
(Arising out of SLP (Crl.) No.7981 of 2008) Mathura Singh & Ors.
...Appellant State of U.P. ...Respondent
Dr. ARIJIT PASAYAT,
in this appeal is to the judgment passed by the learned Single Judge of
Allahabad High Court, Lucknow 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 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.
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 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 have been
filed. It is to be noted that one of the injured persons Mutra Devi has expired
noted above, presently the appellants stand convicted for offences punishable
under Sections 323 and 324 read with Section 34 IPC.
Court in Manoj and Anr. v. State of Madhya Pradesh (2008 (9) SCC 116), has held
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 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 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 dangerous weapons or means by the accused
constitutes an offence under Section 324 IPC which can be compounded by the
person to whom hurt is caused with the permission of the court in terms of
sub-section (2) of Section 320 CrPC.
14. It requires to be
noticed that the CrPC (Amendment) Act, 2005 (Act 25 of 2005) amended Section
320 of the Code and in the table under sub-section (2)(a) the words
"voluntarily causing hurt by dangerous weapons or means" in Column 1
and the entries relating thereto in Columns 2 and 3 have been omitted. But the
said amendment by Act 25 of 2005 has not yet been brought into force.
Therefore, the offence under Section 324 IPC is still compoundable with the
permission of the court."
are satisfied that the complainant has volunteered to compound the offence with
the appellants for sufficient and genuine reasons as stated in the affidavits
and such compounding would be proper. So far as the offence under Section 323
is concerned, it is compoundable with the consent of the injured. So far as the
offence under Section 324 is concerned, it is compoundable by the person to
whom hurt is caused with the permission of the Court, in terms of
Sub-section(2) of Section 320.
view of that matter compounding the offence, the conviction and sentence are
the appeal is disposed of.
(Dr. ARIJIT PASAYAT)