SURINDRA NATH MOHANTHY AND ANR. versus STATE OF ORISSA

Offences under Sections 326, 325, 324, 323 IPC are not compoundable under Section 320 CrPC. However, compromise can be considered in sentencing; sentence reduced to period already undergone with fine imposed.

Parties: Appellant: Surindra Nath Mohanthy; Appellant: Anr.; Respondent: State of Orissa
Jurisdiction: India
Judgment Date: 04 May 1999
Procedural Posture: Criminal Appeal / Final Disposition on Appeal From High Court Order Rejecting Compounding and Altering Conviction
Outcome: Appeals partly allowed; conviction not compounded; sentence reduced to period already undergone with additional fine.
Legal Topics: Compounding of Offences, Sentencing, Section 320 Cr PC, Non Compoundable Offences

Criminal Law Compounding of Offences Sentencing Section 320 Cr PC Non Compoundable Offences

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Parties

Surindra Nath Mohanthy

Appellant

Anr.

Appellant

State of Orissa

Respondent

Procedural Posture

Criminal Appeal / Final Disposition on Appeal From High Court Order Rejecting Compounding and Altering Conviction

Legal Issues

1 Whether conviction for offences under Sections 326, 325, 324 & 323 IPC read with Section 34 can be compounded by the High Court
2 Appropriate quantum of sentence after amicable settlement

Ratio Decidendi

Court Disposition

Appeals partly allowed; conviction not compounded; sentence reduced to period already undergone with additional fine.

Orders

Sentence reduced to period already undergone.
Fine of Rs. 5000 imposed on each accused under Section 326 read with Section 34 IPC.