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K K Sreedharan & Ors vs State Of Kerala & Anr

Supreme Court Of India|21 July, 2011
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JUDGMENT / ORDER

Summary

Issue: Compoundable offenses
Rule: Indian Penal Code (IPC) Sections 143, 147, 447, 342, and 427
Application: The court has considered the compromise petition filed by the parties and has exercised its power under CrPC Section 320 to compound the offenses.
Conclusion: The offenses under IPC Sections 143 and 147 are not compoundable, and the appellants have been convicted under these sections. The other offenses under IPC Sections 447, 342, and 427 are compoundable, and the court has reduced the sentence of the appellants to the period already undergone.
IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1374 OF 2004 K.K. SREEDHARAN & ORS. ..... APPELLANTS VERSUS STATE OF KERALA & ANR. ..... RESPONDENTS O R D E R We have heard Mr. Roy Abraham learned counsel for the appellant as also Mr. P.S. Sudheer, learned counsel for the complainant. The parties have filed a compromise petition in this court under Section 320 of the Code of Criminal Procedure. We, however, find that the complainant has been convicted under Sections 143, 147, 447, 342 and 427 read with Section 149 of the Indian Penal Code and that but for the offences under Sections 143 and 147, all the other offences are compoundable. In the light of the fact that the parties have compromised their dispute we reduce the sentence of the appellants to that already undergone. With this modification in the sentence, the appeal is dismissed. The appellants are on bail. Their bail bonds shall stand discharged.
. J [HARJIT SINGH BEDI] . J [GYAN SUDHA MISRA] NEW DELHI JULY 21, 2011.
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Title

K K Sreedharan & Ors vs State Of Kerala & Anr

Court

Supreme Court Of India

JudgmentDate
21 July, 2011
Judges
  • Harjit Singh Bedi
  • Gyan Sudha Misra