BANKAT AND ANR. versus STATE OF MAHARASHTRA

BANKAT AND ANR. versus STATE OF MAHARASHTRA

Offence under Section 326 IPC is not compoundable. In view of compromise, lapse of 10 years, and incarceration already undergone, sentence reduced to period already undergone with increased fine.

Parties
Appellant: Banka T; Appellant: A-2; Appellant: Venkateshwara Rao; Respondent: State of Maharashtra
Jurisdiction
India
Judgment Date
25 November 2004
Procedural Posture
Criminal Appeal / Supreme Court Decision on Appeal From Bombay High Court
Outcome
Appeals disposed of; sentence modified.
Legal Topics
Compounding of Offences, Sentencing, Section 326 IPC, Section 34 IPC, Section 320 Cr PC
Criminal Law Compounding of Offences Sentencing Section 326 IPC Section 34 IPC Section 320 Cr PC

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Parties

Banka T

Appellant

A-2

Appellant

Venkateshwara Rao

Appellant

State of Maharashtra

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Decision on Appeal From Bombay High Court

Legal Issues

  1. 1 Whether the offence under Section 326 read with Section 34 IPC can be compounded under Section 320 CrPC
  2. 2 Whether the sentence can be reduced based on compromise between parties

Ratio Decidendi

Offence under Section 326 IPC is not compoundable. In view of compromise, lapse of 10 years, and incarceration already undergone, sentence reduced to period already undergone with increased fine.

Court Disposition

Appeals disposed of; sentence modified.

Orders

  • Custodial sentence reduced to period already undergone for appellants under Section 326/34 IPC.
  • Fine of Rs. 5000 imposed on each accused under Section 326 read with Section 34 IPC.