Barsati & Ors. Vs. State of U.P. & Anr.
EmailAppeal: Criminal Appeal No. 263 of 2000
(Arising out of SLP (Crl.) No. 300/2000)
With
SLP (Crl.) …CC(Crl.) 1206/2000
Petitioner: Barsati & Ors.
Respondent: State of U.P. & Anr.
Apeal: Criminal Appeal No. 263 of 2000
(Arising out of SLP (Crl.) No. 300/2000)
With
SLP (Crl.) …CC(Crl.) 1206/2000
Judges: S. RAJENDRA BABU & S.N. PHUKAN, JJ.
Date of Judgment: Jun 03, 2000
Head Note:
CRIMINAL LAW
Criminal Procedure Code, 1973
Section 320 (2) – Accused held guilty by trial court under Sections 147, 323/149, 325/149 & 304 IPC – IPC – High Court upholding the conviction and sentence except that under Section 304 Part II – During pendency of SLP compromise reached between the parties – Joint application filed for the condonation of the offence. Held appeal allowed in view of the joint application and statements made by the parties.
JUDGEMENT:
ORDER
Criminal Appeal No. 263/2000; SLP (Crl.) 300/2000
1. Delay condoned.
2. Leave granted.
3. In respect of certain offences arising under Sections 147,323/149, 325/149 and 304 Part-II read with Section 149, IPC sentencing the Appellants to suffer two years’ rigorous imprisonment under Section 147 IPC, one year’s rigorous imprisonment under Sec-tion 325/149 IPC and seven year’s rigorous imprisonment under Section 304 Part II read with Section 149 IPC in each of these cases, it was appealed to the High Court. The High Court ul-timately allowed the same and set aside the conviction in so far as the conviction under Section 304 Part II is concerned. Then in respect of offences arising under Section 147,323/149 and 325/149 IPC the conviction was confirmed and sentences awarded were also upheld.
4. Now during the pendency of this appeal both the assailants and the victims are stated to have entered into a compromise and in the joint application made by them, it is stated that they are closely related to each other and they are likely to be put into serious difficulties if the conviction ordered by the High Court is maintained; that the accused and the injured party both re-quested that this Court may condone the offences stated to have been committed by the Appellants. In the facts and circumstances of this case, the appeal is allowed on the basis of the statement made in the joint application filed by the parties and the con-viction made under Sections 147,323/149 and 325/149 IPC is set aside. If the Appellants are in jail, they shall be released at once.
(SLP (Crl.)…../2000, CC (Crl. 1206)
5. Delay condoned.
6. The petition is dismissed in view of the order in Criminal Appeal No. 263/ 2000 (Arising out of SLP (Crl.) No. 300/2000).
Criminal Appeal No. 263/2000; SLP (Crl.) 300/2000
1. Delay condoned.
2. Leave granted.
3. In respect of certain offences arising under Sections 147,323/149, 325/149 and 304 Part-II read with Section 149, IPC sentencing the Appellants to suffer two years’ rigorous imprisonment under Section 147 IPC, one year’s rigorous imprisonment under Sec-tion 325/149 IPC and seven year’s rigorous imprisonment under Section 304 Part II read with Section 149 IPC in each of these cases, it was appealed to the High Court. The High Court ul-timately allowed the same and set aside the conviction in so far as the conviction under Section 304 Part II is concerned. Then in respect of offences arising under Section 147,323/149 and 325/149 IPC the conviction was confirmed and sentences awarded were also upheld.
4. Now during the pendency of this appeal both the assailants and the victims are stated to have entered into a compromise and in the joint application made by them, it is stated that they are closely related to each other and they are likely to be put into serious difficulties if the conviction ordered by the High Court is maintained; that the accused and the injured party both re-quested that this Court may condone the offences stated to have been committed by the Appellants. In the facts and circumstances of this case, the appeal is allowed on the basis of the statement made in the joint application filed by the parties and the con-viction made under Sections 147,323/149 and 325/149 IPC is set aside. If the Appellants are in jail, they shall be released at once.
(SLP (Crl.)…../2000, CC (Crl. 1206)
5. Delay condoned.
6. The petition is dismissed in view of the order in Criminal Appeal No. 263/ 2000 (Arising out of SLP (Crl.) No. 300/2000).
