Paras Nath Singh & Ors vs State Of Bihar

Supreme Court15 December 2009A.K. Patnaik · Dalveer Bhandari

SCC(2016) 16 SCC 440

Ratio decidendi

The rule this decision rests on

Where a conviction has been affirmed by the trial court and upheld by the High Court for offences under Sections 323, 324, 147, and 148 of the Indian Penal Code, but the parties are close relations who have reached an amicable settlement and the accused have undergone imprisonment exceeding four months, the court may reduce the sentence to the period already undergone in the interest of justice and to meet the ends of justice, having regard to the peculiar facts and circumstances of the case. Human

Written by Miss Lucy from the judgment below, not taken from a headnote.

Judgment

As delivered

IN THE SUPREME COURT OF INDIACRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 2408 OF 2009(Arising out of SLP(Crl.) No.8393/2009)

PARAS NATH SINGH AND ORS. Appellant(s):VERSUS:STATE OF BIHAR Respondent(s)

O R D E R

Delay condoned. Leave granted.

We have heard learned counsel appearing on behalf

of the appellants and learned counsel appearing for the

State.

The appellants have been convicted by the Trial

Court and the judgment of the Trial Court has been upheld

by the High Court.

Accused Rajendra Singh, Paras Nath Singh

(Appellant No.1 herein) and Ranjan Singh (Appellant No.5

herein) were convicted and sentenced to undergo rigorous

imprisonment for two years under Sections 324 of the

Indian Penal Code. They were further sentenced to undergo

rigorous imprisonment for two years under Section 148 of

the I.P.C. It is stated that Rajendra Singh has died.

-2- Accused Ajay Singh, Vinay Singh and Ram Naresh

Singh, Appellant Nos.2, 3 & 4 herein, were convicted and

sentenced to undergo rigorous imprisonment for one year

for the offence under Section 323 of I.P.C. and they were

further directed to undergo rigorous imprisonment for one

year under Section 147 of the I.P.C.

Learned counsel for the appellants submitted that

the parties are very close relations. During the pendency

of the matter, the parties have also arrived at an

amicable settlement. The parties have filed an

application for compounding of the offences under Section

324 of the I.P.C.

It is not disputed that the appellants have

undergone imprisonment for more than 4= months. Looking

to the peculiar facts and circumstances of this case, in

our considered view, ends of justice would meet if, while

upholding the conviction of the appellants their sentence

is reduced to the period already undergone by them. We

direct accordingly.

-3- The appellants are directed to be released

forthwith, if not required in connection with any other

case. The appeal is disposed of accordingly.

In view of the aforesaid order, no orders are

necessary on the application for impleadment which stands

disposed of.

.....................J (DALVEER BHANDARI)

.....................J (A.K. PATNAIK) New Delhi;

December 15, 2009.

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