Allahabad High Court
Ballu Singh And Others vs State Of U.P. on 2 May, 2024
Author: Subhash Chandra Sharma
Bench: Subhash Chandra Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:79325
Court No. - 81
Case :- CRIMINAL APPEAL No. - 1963 of 1993
Appellant :- Ballu Singh And Others
Respondent :- State of U.P.
Counsel for Appellant :- V.M. Zaidi,Pavan Kumar
Counsel for Respondent :- A.G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for both the parties as well as learned A.G.A. and perused the material on record.
This criminal appeal has been filed by the appellants with a prayer to allow this appeal and set aside the judgment and order passed by the learned trial court and also prayed to enlarge the appellants on bail and realisation of fine from the appellant nos. 1 and 2 may be stayed during the pendency of the aforesaid appeal.
It is submitted that in this case the appellants Ballu Singh and Tejpal were convicted and sentenced under Section 323 I.P.C. with fine of Rs. 500/- and appellants Charan Singh and Jaipal under Section 324 I.P.C. with rigorous imprisonment for a period of two years. It is further submitted that the parties have entered into compromise which has been verified on 21.08.2023 by the learned trial court copy of which is on record, therefore, this appeal be decided in terms of compromise and appellants be acquitted. It is also submitted that appellants namely Charan Singh and Jaipal were convicted and sentenced under Section 324 I.P.C. for a period of two years rigorous imprisonment and in terms of compromise they also be acquitted of their charges.
Learned counsel for the opposite party as well as learned A.G.A. has no objection in this regard but it is pointed out by learned A.G.A. that offences under Section 323 I.P.C. are compoundable and offence under section 324 I.P.C. is non-compoundable, therefore, in terms of compromise appellants Charan Singh and Jaipal cannot be acquitted.
Considering the facts and circumstances of the case, submissions made by learned counsel for both the parties as well as learned A.G.A., material on record, compromise as verified by the learned trial court between the parties, it is in the interest of justice to decide this appeal in terms of compromise. Since appellants Ballu Singh and Tejpal were convicted and sentenced under Section 323 I.P.C. those are compoundable in the scheme of Section 320 Cr.P.C., therefore, their appeal is decided in terms of compromise as entered into between the parties and verified by the learned trial court.
To the extent of appellants Ballu Singh and Tejpal this appeal is allowed and they are acquitted of their charges of Section 323 I.P.C.
So far as the appeal of Charan Singh and Jaipal is concerned, the conviction and sentence under Section 324 I.P.C. being not compoundable under the scheme of Section 320 Cr.P.C., they cannot be given benefit of compromise between the parties and cannot be acquitted of their charges in terms of compromise but it is in the interest of justice to modify their sentence into fine.
As a result, the sentence of two years imprisonment against the appellants Charan Singh and Jaipal is modified to the extent of fine amounting to Rs. 1,000/-
Accordingly, this appeal for Charan Singh and Jaipal is partly allowed.
Order Date :- 2.5.2024
Suraj Srivastav
