Mulukuri Siva Prasad Vs. State of Andhra Pradesh
EmailAppeal: Criminal Appeal No.68 of 2000
(Arising out of S.L.P. (Criminal) No. 1941 of 1999)
(Arising out of S.L.P. (Criminal) No. 1941 of 1999)
Petitioner: Mulukuri Siva Prasad
Respondent: State of Andhra Pradesh
Apeal: Criminal Appeal No.68 of 2000
(Arising out of S.L.P. (Criminal) No. 1941 of 1999)
(Arising out of S.L.P. (Criminal) No. 1941 of 1999)
Judges: S. SAGHIR AHMAD & D.P. WADHWA, JJ.
Date of Judgment: Jan 11, 2000
Head Note:
CRIMINAL LAW
Criminal Procedure Code, 1973
Section 320 with Indian Penal Code, 1860 – Section 324 – Accused convicted by appellate court under Section 324 IPC – Sentence of 3 years reduced to 2 years by High Court – Appeal – Application for compromise – Concerned Session Judge directed to verify the contents – On receipt of report that accused was maintaining his own mother, the complainant, well, permission to compound given. Accused acquitted.
(Paras 3 to 5)
Criminal Procedure Code, 1973
Section 320 with Indian Penal Code, 1860 – Section 324 – Accused convicted by appellate court under Section 324 IPC – Sentence of 3 years reduced to 2 years by High Court – Appeal – Application for compromise – Concerned Session Judge directed to verify the contents – On receipt of report that accused was maintaining his own mother, the complainant, well, permission to compound given. Accused acquitted.
(Paras 3 to 5)
JUDGEMENT:
ORDER
1. Leave granted.
2. The appellant was convicted under Section 307 IPC and sen-tenced to seven years’ imprisonment by the trial court by its judgment dated 31.03.1994 for assaulting the complainant who is his real mother. The appellate court, however, by its judgment dated 9.6.1997 altered the conviction to Section 324 IPC and sentenced him to undergo three years rigorous imprisonment. The revision filed thereafter in the High Court was partly allowed and the sentence was reduced to two years. It is in these circumstances that the present appeal has been filed in this Court.
3. During the pendency of the appeal in this Court, an applica-tion for compounding the offence was filed on which we passed the following order on 30.08.1999:
“Both the complainant and the petitioner shall appear before the Asstt. Sessions Judge, Gudiwada (Andhra Pradesh). He shall verify the contents of the application for compounding of offence filed before this Court. A copy of the application shall be sent to Asstt. Sessions Judge, Gudiwada (AP). He shall find out whether the mother is living with the petitioner and the petitioner is looking after the complainant well or not.”
4. The Asstt. Sections Judge, Gudiwada, Krishna District, Andhra Pradesh, has sent his report in which the compromise has been verified and it is specifically mentioned that the complainant who is the mother of the petitioner was being maintained and treated well by the petitioner. The report further indicates that the mother did not complain of any ill-treatment.
5. Having regard to the facts stated above, the application for compounding the offence is allowed. The appellant shall not be taken into custody as he shall be treated to have been acquitted. We, however, observe that he will have to continue to maintain his mother well throughout her life and serve her as an obedi-ent son. The appeal is disposed of.
1. Leave granted.
2. The appellant was convicted under Section 307 IPC and sen-tenced to seven years’ imprisonment by the trial court by its judgment dated 31.03.1994 for assaulting the complainant who is his real mother. The appellate court, however, by its judgment dated 9.6.1997 altered the conviction to Section 324 IPC and sentenced him to undergo three years rigorous imprisonment. The revision filed thereafter in the High Court was partly allowed and the sentence was reduced to two years. It is in these circumstances that the present appeal has been filed in this Court.
3. During the pendency of the appeal in this Court, an applica-tion for compounding the offence was filed on which we passed the following order on 30.08.1999:
“Both the complainant and the petitioner shall appear before the Asstt. Sessions Judge, Gudiwada (Andhra Pradesh). He shall verify the contents of the application for compounding of offence filed before this Court. A copy of the application shall be sent to Asstt. Sessions Judge, Gudiwada (AP). He shall find out whether the mother is living with the petitioner and the petitioner is looking after the complainant well or not.”
4. The Asstt. Sections Judge, Gudiwada, Krishna District, Andhra Pradesh, has sent his report in which the compromise has been verified and it is specifically mentioned that the complainant who is the mother of the petitioner was being maintained and treated well by the petitioner. The report further indicates that the mother did not complain of any ill-treatment.
5. Having regard to the facts stated above, the application for compounding the offence is allowed. The appellant shall not be taken into custody as he shall be treated to have been acquitted. We, however, observe that he will have to continue to maintain his mother well throughout her life and serve her as an obedi-ent son. The appeal is disposed of.
