Madhusudan Sahu & Ors. Vs. State of Orissa.
EmailAppeal: Criminal Appeal No. Of 1987.
(Arising out of Special Leave Petition (Crl.) No. 3064 of 1986).
(Arising out of Special Leave Petition (Crl.) No. 3064 of 1986).
Petitioner: Madhusudan Sahu & Ors.
Respondent: State of Orissa.
Apeal: Criminal Appeal No. Of 1987.
(Arising out of Special Leave Petition (Crl.) No. 3064 of 1986).
(Arising out of Special Leave Petition (Crl.) No. 3064 of 1986).
Judges: M.P. THAKKAR & B.C. RAY, JJ.
Date of Judgment: Feb 17, 1987
Head Note:
CRIMINAL LAW:
Indian Penal Code, 1860; Section 323 – Relying on the report of Sub Divisional Judicial Magistrate, the Court compounded the offence under section 323 and set aside the conviction.
Indian Penal Code, 1860; Section 323 – Relying on the report of Sub Divisional Judicial Magistrate, the Court compounded the offence under section 323 and set aside the conviction.
JUDGEMENT:
ORDER
1. Special leave granted.
2. This order is with further reference to our earlier order passed on December 16, 1986. Learned counsel for the State has now appeared before us to assist us in dealing with this matter. The report of the learned Sub Divisional Judicial magistrate is an extremely well-considered report and we feel safe in relying on it. Under the circumstances, we grant leave for compounding the offence under Section 323 I.P.C. for which the appellants have been convicted. The conviction under section 323 I.P.C. must, therefore, be set aside and the appellants must be acquitted of the said offence. In regard to the other offence for which the appellants have been convicted, we feel that a compassionate approach deserves to be made having regard to the facts which have emerged in the report of the learned Magistrate. Having taken into consideration all the relevant circumstances it appears that the appellants acted in a moment of aberration due to loss of self-control. We, therefore, think that the ends of justice will not be served by making a strict approach in regard to the other offence. Under the circumstances, we reduce the sentence to the term already undergone. The appellants shall be set at liberty forthwith.
3. The appeal is disposed of accordingly.
1. Special leave granted.
2. This order is with further reference to our earlier order passed on December 16, 1986. Learned counsel for the State has now appeared before us to assist us in dealing with this matter. The report of the learned Sub Divisional Judicial magistrate is an extremely well-considered report and we feel safe in relying on it. Under the circumstances, we grant leave for compounding the offence under Section 323 I.P.C. for which the appellants have been convicted. The conviction under section 323 I.P.C. must, therefore, be set aside and the appellants must be acquitted of the said offence. In regard to the other offence for which the appellants have been convicted, we feel that a compassionate approach deserves to be made having regard to the facts which have emerged in the report of the learned Magistrate. Having taken into consideration all the relevant circumstances it appears that the appellants acted in a moment of aberration due to loss of self-control. We, therefore, think that the ends of justice will not be served by making a strict approach in regard to the other offence. Under the circumstances, we reduce the sentence to the term already undergone. The appellants shall be set at liberty forthwith.
3. The appeal is disposed of accordingly.
