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BHAJAN SINGH & ANOTHER versus STATE OF U.P.

High Court of Judicature at Allahabad

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Bhajan Singh & Another v. State Of U.P. - CRIMINAL APPEAL No. 2301 of 1981 [2007] RD-AH 10721 (25 June 2007)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble Vijay Kumar Verma, J.

List has been revised.

None is present for the appellants to argue. Hence, I have heard learned A.G.A. only for respondent and perused the record.

This Appeal has been preferred against the judgement and order dated 06.10.1981 passed by the 4th Additional Sessions Judge, Rampur in Session Trial No. 340 of 1980, whereby the appellant-accused Bhajan Singh has been convicted and sentenced to undergo rigorous imprisonment for five years under Section 307 I.P.C. and three months' rigorous imprisonment under Section 323 read with Section 34 I.P.C. The appellant-accused Tara Singh has been convicted and sentenced to undergo rigorous imprisonment for five years under Section 307 read with Section 34 I.P.C. and three months' rigorous imprisonment under Section 323 I.P.C.

From the record, it transpires that the parties have settled their dispute amicably outside the Court and they had filed compromise on 17.05.1999 as Criminal Misc. Application No. 33417 of 1999 with affidavits of the injured Harbans Singh and Jaspal Singh.  Affidavits of both the appellants also were filed with the compromise application.  Vide order dated 06.07.2000, the compromise application and affidavits were sent to the Chief Judicial Magistrate, Rampur for verification. The compromise application as well as the affidavits filed in support thereof have been verified and report was submitted by the Chief Judicial Magistrate, Rampur on 28.07.2000.

The offence punishable under Section 307 I.P.C. is not compoundable.  It is prayed in the compromise application that the case either be permitted to be compounded or sentence be reduced to the period already undergone.

The Appeal is pending for the last more than 25 years and Lower Court record has not yet been received. The parties have settled their dispute amicably outside the Court. Hence, it will be in the interest of justice to reduce the sentence to the period already undergone by the appellants-accused.

In the result, the Appeal is hereby dismissed, but the sentence is reduced to the period already undergone by the appellants-accused.

25.06.2007

Yc/Crl. Appeal No. 2301 of 1981


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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