HASI MOHAN BARMAN AND ANR. versus STATE OF ASSAM AND ANR.

HASI MOHAN BARMAN AND ANR. versus STATE OF ASSAM AND ANR.

Conviction under Section 313 IPC, a non-compoundable offence, cannot be set aside on basis of subsequent marriage and compromise; however, sentence may be reduced to period already undergone in interest of justice.

Parties
Appellant: Hasi Mohan Barman; Appellant: Abinash Biswas; Respondent: State of Assam
Jurisdiction
India
Judgment Date
13 November 2007
Procedural Posture
Criminal Appeal / Judgment on Appeal From High Court
Outcome
Appeal partly allowed
Legal Topics
Non Compoundable Offences, Sentencing, Compromise in Criminal Cases
Criminal Law Non Compoundable Offences Sentencing Compromise in Criminal Cases

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Parties

Hasi Mohan Barman

Appellant

Abinash Biswas

Appellant

State of Assam

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether subsequent marriage and compromise between victim and accused require setting aside conviction under Section 313 IPC
  2. 2 Effect of affidavit by victim seeking withdrawal of criminal case for non-compoundable offence

Ratio Decidendi

Conviction under Section 313 IPC, a non-compoundable offence, cannot be set aside on basis of subsequent marriage and compromise; however, sentence may be reduced to period already undergone in interest of justice.

Court Disposition

Appeal partly allowed

Orders

  • Conviction under Section 313 IPC maintained
  • Sentence reduced to period already undergone (about ten months)