Supreme Court of India

Ramesh vs State Of M.P. & Ors on 3 November, 2008

Supreme Court of India
Ramesh vs State Of M.P. & Ors on 3 November, 2008
Author: …………….J.
Bench: C.K. Thakker, D.K. Jain
                     IN THE SUPREME COURT OF INDIA
                     CRIMINAL APPELLATE JURISDICTION

                               CRIMINAL APPEAL NO. 1725               OF 2008
                     (Arising out of SLP (Crl.) No. 3874 of 2007)

           RAMESH                                                   .. APPELLANT

                       vs.

           STATE OF M.P. & ORS.                            .. RESPONDENTS

                                   WITH

                       CRIMINAL APPEAL NOS. 1726&1728                       OF 2008
               (Arising out of SLP (Crl.) Nos. 4152&4072 of 2007)

                                                           ORDER

Leave granted.

Learned counsel for the parties stated that the matters have been
compromised between the parties and the compromise deed is placed on record.

The case related to an incident of 1998 but the conviction was under
Section 307 of the Indian Penal Code (IPC). Under Sec. 320 of the Code of
Criminal Procedure 1973, an offence punishable under Sec. 307 is not
compoundable.

In the light of the statutory provisions we are of the view that though no
compounding of offence can be allowed, on the facts and in the circumstances of
the case and in the light of the compromise deed, in our opinion, ends of justice
would be met if the conviction is maintained but sentence already undergone by the
accused is treated as adequate and sufficient.

The Criminal Appeals are disposed of accordingly.

…………….J.

(C.K. THAKKAR)

……………….J.

(D.K. JAIN)
New Delhi,
November 3, 2008.