NDLI: Murali Vs. State Rep. By The Inspector of Police

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Code of Criminal Procedure 1973: s.320
Content Type	Text
Resource Type	Law Order
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Code of Criminal Procedure, 1973: s.320 – Compounding of offence under ss.307, 324 – Prosecution case was that fifteen years ago, over a volleyball match, verbal altercation took place between victim-injured and original accused no.3 and 5 who after sometime cornered the victim along with the appellants and assaulted him – Appellant-M struck the victim on his head with a hockey stick and appellant-R tied to kill him by giving a neck blow with sharp edged object and in the process, left hand of the victim and the thumb and finger of his right hand got severed – Trial court held appellant-M guilty under ss.324 and 241 IPC and appellant-R under ss.307 and 341 IPC – Appellant-M was imposed three months rigorous imprisonment while appellant-R was sentenced to undergo five years rigorous imprisonment – Sessions court and High Court affirmed the order of conviction and sentence – Appellant challenged his conviction in the instant appeal – However, through an application, appellants sought to implead the injured-victim and get their offences compounded based on mutual resolution and peaceful settlement – Held: There can be no doubt that s.320 CrPC does not encapsulate s.324 and 307 IPC under its list of compoundable offences – Notwithstanding thereto, the fact of amicable settlement can be a relevant factor for the purpose of reduction in the quantum of sentence – The quantum of sentences awarded to the appellants can be reconsidered in view of the fact that at the time of incident, the victim was in college and appellants were in early twenties – Appellants had no other criminal antecedents, no previous enmity and now they are married having children – Both the appellants also served a significant portion of their sentences – In view of the position of law and the peculiar circumstances arising out of subsequent events, a sympathetic view taken – Quantum of sentence of the appellants reduced to the sentence already undergone by them – Penal Code, 1860 – ss.307 and 324.
Judge	N/A
Neutral Citation	2021 INSC 2
Petitioner	Murali
Respondent	State Rep. By The Inspector Of Police
SCR	[2021] 1 S.C.R. 201
Judgement Date	2021-01-05
Case Number	24

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