Full Judgment Text
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CASE NO.:
Appeal (crl.) 687 of 2008
PETITIONER:
Gampa Govindu
RESPONDENT:
State of Andhra Pradesh Thr. Public Prosecutor
DATE OF JUDGMENT: 21/04/2008
BENCH:
B.N. AGRAWAL & G.S. SINGHVI
JUDGMENT:
JUDGMENT
O R D E R
CRIMINAL APPEAL NO.687 OF 2008
(Arising out of S.L.P. (Crl.) No.6418 of 2006)
Heard learned counsel for the parties.
Leave granted.
The Trial Court convicted the sole appellant under Section 326 of the
Indian Penal Code [hereinafter referred to as "I.P.C."] and sentenced to undergo
rigorous imprisonment for a period of three years and to pay fine of Rupees one
thousand; in default, to undergo further simple imprisonment for a period of one
month. On appeal being preferred, the Sessions Court confirmed the conviction and
sentence. When the matter was taken to the High Court in revision, the conviction
and sentence under Section 326 I.P.C. have been set aside and the appellant has been
convicted under Section 324 I.P.C. and sentenced to undergo rigorous imprisonment
for a period of one year. Before this Court, a joint petition of compromise has been
filed wherein it has been stated that the parties have settled their disputes; as such,
they be permitted to compound the offence. In our view, the prayer is just and must
be granted. Accordingly, the criminal appeal is allowed and the conviction and
sentence awarded against the appellant are set aside, in view of the compounding.