& Ors. Vs. State of Maharashtra  INSC 1764 (30 November 2009)
APPELLATE JURISDICTION CRIMINAL APPEAL NOS.2265-2266 OF 2009 (Arising out of
S.L.P. (Crl.) Nos.7144-7145 of 2009) Suresh and Ors. ...Appellant(s) Versus
State of Maharashtra ...Respondent(s) O R D E R Leave granted.
appeals are directed against the judgment of the High Court of Judicature at
Bombay, Bench at Nagpur, in Criminal Revision Application No.178 of 2003 and
Criminal Application No.481 of 2009 in Criminal Revision Application No.178 of
2003. The appellants were convicted by the Trial Court under Section 324 of the
Indian Penal Code and were sentenced to undergo rigorous imprisonment for a
period of one year and to pay fine of Rs.250/-; in default, to undergo rigorous
imprisonment for a further period of one month. The High Court upheld the
conviction of the appellants.
complainant has filed an affidavit before this Court in whom it is mentioned
that the parties have amicably settled the matter with the help of elderly
people of the village and has no grievance against the appellants. It has been
further stated in the affidavit that, in view of the cordial relationship
between the parties, the appellants be released, as the complainant does not
wish to prosecute the appeals against them.
heard learned counsel for the parties.
appellants have already served out more than seven months of actual
imprisonment. On consideration of totality of the facts and circumstances of
the case, we deem it appropriate to release the appellants in view of the
compounding of offence and they are convicted only for the period of
imprisonment already undergone by them. We order accordingly and direct that
the appellants be released forthwith if not required in any other case.
of the above, the criminal appeals are, accordingly, disposed of.
......................J. [DALVEER BHANDARI]
......................J. [A.K. PATNAIK]
November 30, 2009.