1973 INSC 0221
                                              Bhim Singh and Others

                                                           Vs

                                                  The State of U. P.

                                         Criminal Appeal No. 65 of 1973

                                       (H. R. Khanna, A. Alagiriswami JJ)

                                                      23.07.1973

                                                     JUDGMENT

KHANNA, J. -

1. Ram Singh, Bhim Singh and Krishna Murari were tried in the court of Civil and Sessions Judge
Kanpur. Bhim Singh was convicted under Section 398 Indian Penal Code and was sentenced to
undergo rigorous imprisonment for a period of seven years while the other two appellants were
convicted under Section 394, Indian Penal Code and each of them was sentenced to undergo
rigorous imprisonment for a period of three years. ON appeal the Allahabad High Court altered the
conviction of Bhim Singh to that under Section 324, Indian Penal Code and sentenced him to
undergo rigorous imprisonment for a period of 18 months. The conviction of Ram Singh and
Krishna Murari was altered to that under Section 324 read with Section 34, Indian Penal Code and
each of them was sentenced to undergo rigorous imprisonment for a period of one year. It was held
by the High Court that on September 8, 1967 Bhim Singh appellant at the instigation of the two
other appellants has caused hurt to Ram Sarup on the road behind Jaipuria House in Kanpur. The
appellants thereafter came up in appeal to this Court by special leave.

2. An application was also filed on behalf of the appellants that they had compounded the offence
with Ram Sarup injured person. An affidavit of Ram Sarup was also filed and in that affidavit Ram
Sarup stated that he had amicably settled the matter with the appellants of his own free will and
without any extraneous pressure.

3. The offence under Section 324, Indian Penal Code is compoundable with the permission of the
Court. As it is stated that the parties have amicably settled matters, it would, in our opinion, be in
the fitness of things it permission to compound the offence is granted. We accordingly grant the
necessary permission, set aside the conviction of the appellants and acquit them.

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