Full Judgment Text
IN THE SUPREME COURT OF INDIA
CRIMINAL 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 4½ 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.