Prasad Vs. State of M.P. & Ors.  INSC 1717 (10 November 2009)
APPELLATE JURISDICTION CRIMINAL APPEAL NO. 534 OF 2007 GAYA PRASAD ..
O R D E R
appeal has been filed impugning the judgment of the High Court dated 13/2/2008
wherein the judgment of the Additional Sessions Judge, Sidhi (M.P.) convicting
the appellants for an offence punishable under Sec.307 of the Indian Penal Code
and awarding a sentence of seven years R.I. and a fine, has been modified to a
conviction under Sec.324/34 of the IPC.
the hearing of this matter the learned counsel for the appellant argued that as
the parties were closely related to each other and had since compromised the
dispute it was appropriate that the offence be compounded and the appellant be
acquitted. The learned counsel also sought time to produce the complainant
Bhagwan Dutta Mishra before us. An elderly gentleman claiming that he was Bhagwan
Dutta Mishra has appeared before us today and stated that he had no grievance
against the appellant and he would be happy if the matter was compounded. We
-2- questioned the learned counsel for the parties as to whether Bhagwan Dutta
Mishra could be identified by any of them. They rightly declined to do so and
stated that only the ipse dixit of the gentleman was available before us.
in view this fact we are not inclined to compound the offence but as the
dispute appears to have been settled and in any case is a trivial one, we
direct that the appellants be released on probation under Section 4 of the Probation of
Offenders Act, 1958, on conditions to be settled by
the Trial Court. The appeal is allowed to the above extent.
.................J. (HARJIT SINGH BEDI)
.................J. (J.M. PANCHAL)
November 10, 2009.