Govindu Vs. State of
Thr. Public Prosecutor  INSC 666 (21 April 2008)
B.N. AGRAWAL & G.S. SINGHVI
O R D E R CRIMINAL APPEAL NO.687 OF 2008 (Arising out of S.L.P. (Crl.)
No.6418 of 2006) Heard learned counsel for the parties.
The Trial Court convicted the sole appellant under Section 326 of the Indian
Penal Code [hereinafter referred to as "I.P.C."] and sentenced to
undergo rigorous imprisonment for a period of three years and to pay fine of
Rupees one thousand; in default, to undergo further simple imprisonment for a
period of one month. On appeal being preferred, the Sessions Court confirmed
the conviction and sentence. When the matter was taken to the High Court in
revision, the conviction and sentence under Section 326 I.P.C. have been set
aside and the appellant has been convicted under Section 324 I.P.C. and
sentenced to undergo rigorous imprisonment for a period of one year. Before
this Court, a joint petition of compromise has been filed wherein it has been stated
that the parties have settled their disputes; as such, they be permitted to
compound the offence. In our view, the prayer is just and must be granted.
Accordingly, the criminal appeal is allowed and the conviction and sentence
awarded against the appellant are set aside, in view of the compounding.