Supreme CourtDivision Bench(2008) 04 SC CK 0165

Gampa Govindu vs State of Andhra Pradesh thr. Public Prosecutor

Supreme Court Of India · Decided on 21 April 2008 · Citation: (2008) CLT 856 : (2008) OLR 856 : (2008) 1 OLR 839

HON’BLE JUDGES
G. S. Singhvi, J · B. N. Agrawal, J
RESULT
Dismissed
CASE NUMBER
Criminal Appeal No. 687 of 2008 (Arising out of S.L.P. (Criminal) No. 6418 of 2006)

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Judgment

3 paragraphs · 184 words
1.

Heard learned Counsel for the parties.

2.

Leave granted.

3.

The Trial Court convicted the sole appellant u/s 326 of the Indian Penal Code [hereinafter referred to as "I.P.C."] and sentenced to undergo rigorous imprisonment for a period of three years and to pay fine of Rupees one thousand; in default, to undergo further simple imprisonment for a period of one month. On appeal being preferred, the Sessions Court confirmed the conviction and sentence. When the matter was taken to the High Court in revision, the conviction and sentence u/s 326 I.P.C. have been set aside and the appellant has been convicted u/s 324 I.P.C. and sentenced to undergo rigorous imprisonment for a period of one year. Before this Court, a joint petition of compromise has been filed wherein it has been stated that the parties have settled their disputes; as such, they be permitted to compound the offence. In our view, the prayer is just and must be granted. Accordingly, the criminal appeal is allowed and the conviction and sentence awarded against the appellant are set aside, in view of the compounding.