Delhi District Court
Yudhvir vs The State (Govt. Of Nct Of Delhi) on 31 January, 2008
1
IN THE COURT OF SH. SANJAY KUMAR AGGARWAL
ADDL. SESSIONS JUDGE:ROHINI:DELHI.
Criminal Appeal No. 25/07
Yudhvir, S/o Sh. Hardwari Lal
R/o Village Punjab Khod, Delhi.
... APPELLANT
Versus
The State (Govt. Of NCT of Delhi) ... RESPONDENT
Date of institution : 20.12.2007
Date on which the
case was reserved
for order : 31.01.2008
Date of Decision : 31.01.2008
ORDER
Vide this order, I shall dispose of an appeal filed against the judgment dated 26.11.2007 (hereinafter to be called as the impugned judgment) and the order on sentence dated 28.11.2007 (hereinafter to be called as the impugned order) vide which the appellant was convicted and sentenced for the offences u/s 279/338 IPC by the court of Ld. Metropolitan Magistrate. Though in the appeal, the conviction and sentence both have been challenged, but, today, an application has been moved by the appellant in which he has sought permission to compound the offence u/s 338 IPC. The injured is also present in the court today. The injured states that matter has been compromised voluntarily. In view of the overall Yudhvir Vs State 2 circumstances, permission is granted to compound the offence u/s 338 IPC. Let the statements of the injured and appellant be recorded. Statements recorded.
2. In view of the statements, the matter stands compounded for the offence u/s 338 IPC. In view of the compromise entered into between parties, the sentence period and fine amount awarded by Ld. Metropolitan Magistrate for the said offence u/s 338 IPC is set aside. As regarding Section 279 IPC, the appellant has not challenged the conviction, but, has prayed for leniency in sentence. Since the offence u/s 338 IPC has already been compounded, no useful purpose will be served by sending the appellant in custody in terms of the order of the Ld. Metropolitan Magistrate for offences u/s 279 IPC. Therefore, I modify the order on sentence dated 28.11.2007. The appellant shall pay a sum of Rs. 1000/- as fine amount for the offence u/s 279 IPC. The sentence period of three months awarded by the Ld. Metropolitan Magistrate for the said offence u/s 279 IPC is set aside.
3. Since the accused has already deposited the fine amount for the offence u/s 338 IPC before the court of Ld. Metropolitan Yudhvir Vs State 3 Magistrate after adjustment of Rs. 1000/- as fine amount for the offence u/s 279 IPC, the balance amount of Rs. 4,000/- deposited by the appellant be refunded to the appellant.
4. Appeal is disposed of accordingly. TCR be sent back with the copy of this order. This appeal file be consigned to Record Room. Announced in the open Court on this 31st day of January, 2008 (Sanjay Kumar Aggarwal) Addl. Sessions Judge Rohini:Delhi.