REPORTABLE

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

Vs.

State of U.P. …Respondent

JUDGMENT

Dr. ARIJIT PASAYAT, J.

1. Leave granted.

2. Challenge 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.

2. 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 on 23.3.1985.

3. As noted above, presently the appellants stand convicted for offences punishable under  

Sections 323 and 324 read with Section 34 IPC.

4. This Court in Manoj and Anr. v.  State of Madhya Pradesh (2008 (9) SCC 116), has  

held as under:

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.”

5. We 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.     

6. In view of that matter compounding the offence, the conviction and sentence are set  

aside.  

7. Accordingly, the appeal is disposed of.

……………..J. (Dr. ARIJIT PASAYAT)

………………………………J. (ASOK KUMAR GANGULY)

New Delhi April 27, 2009