Supreme Court of India
Mahesh Chand And Anr. vs State Of Rajasthan on 14 March, 1988
Equivalent citations: AIR1988SC2111, 1988(36)BLJR468, 1988CRILJ121, JT1988(1)SC618, 1990SUPP(1)SCC681, AIR 1988 SUPREME COURT 2111, 1991 SCC(CRI) 159, 1990 SCC(SUPP) 681, 1988 (1) JT 618, 1988 UP CRIR 225, 1988 BLJR 468, 1988 (1) RECCRIR 498.1, (1988) 1 ALLCRILR 831, (1990) MADLW(CRI) 3, (1989) EASTCRIC 199, (1988) 1 RECCRIR 498(1), (1988) ALLCRIC 186, (1988) 2 ALLCRILR 252, (1988) 2 CURLJ(CCR) 141
Author: B.C. Ray
Bench: B.C. Ray, K. Jagannatha Shetty Shetty
ORDER B.C. Ray, J.
1. In this special leave petition challenging the validity of the conviction under Section 307 I.P.C., the parties want to have the offence compounded. They have come to terms. They want this Court to permit them to compound the offence.
2. The accused were acquitted by the trial court, but they were convicted by the High Court for the offence under Section 307 I.P.C. This offence is not compoundable under law. The parties, however, want to treat it a special case, in view of the peculiar circumstances of the case. It is said and indeed not disputed that one of the accused is a lawyer practicing in the lower court. There was a counter case arising out of the same transaction. It is said that this case has already been compromised. The decision of this Court in Suresh Babu v. State of Andhra Pradesh (1987) 2 JT 361, has been also referred to in support of the plea for permission to compound the offence.
3. We gave our anxious consideration to the case and also the plea put forward for seeking permission to compound the offence. After examining the nature of the case and the circumstances under which the offence was committed, it may be proper that the trial court shall permit them to compound the offence.
4. We therefore, direct the trial Judge to accord permission to compound the offence, after giving an opportunity to the parties and after being satisfied with the compromise agreed upon. The connected papers filed in this connection before this Court be transmitted to the trial court for the purpose. The parties, if they want may file additional documents.
5. In the meantime the petitioners be released on bail to the satisfaction of the trial Judge (Additional Sessions Judge, Baran).
6. Special leave petition is accordingly disposed of.