Nand Kumar Thakur Vs. the State of Bihar

Nand Kumar Thakur vs The State of Bihar

Type Court Judgment Court Patna Decided Aug 03, 2011

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Citation: sooperkanoon.com/920770
Court: Patna High Court
Judge: Gopal Prasad, J.
Decided On: Aug 03, 2011
Case Number: Criminal Appeal (SJ) No.142 of 1998
Subject: Criminal

Case Summary

AI-generated summary - not the official court judgment text.

Criminal

Key legal issue: Criminal
Acts & sections: Indian Penal Code (IPC) - Sections 323, 324

Parties & Advocates

Appellant / Petitioner

Nand Kumar Thakur

Advocate Mrs. Rina Sinha, Adv.

Respondent

The State of Bihar

Advocate Mr. Parmeshwar Mehta, Adv.

Legal References

Acts: Indian Penal Code (IPC) - Sections 323, 324

Excerpt

1. on repeated calls no one appears on behalf of the appellant. 2. mrs. rina sinha, advocate appears and prays that she may be permitted to appear in this case as amicus curiae. 3. prayer is allowed. 4. learned counsel for the appellant submits that appellant has been convicted under section 323 and 324 of the indian penal code as well as section 27 of the arms act. however, doctor and i.o. have not been examined and a compromise petition has been filed which is marked as ext. 1/1 as well as p.w. 1 has stated that they have compromised and has also signed on sulahnama. 5. having regard to the facts that parties are compromised and section 323 and 324 of i.p.c. are compoundable and hence offence is compounded. hence, order of conviction and sentence recorded by the lower court is hereby set aside and the appeal is allowed in view of compromise arrived in between the parties. patna high court, ( gopal prasad, j.) the 3rd august, 2011.

Full Judgment

1. On repeated calls no one appears on behalf of the appellant.

2. Mrs. Rina Sinha, Advocate appears and prays that she may be permitted to appear in this case as Amicus Curiae.

3. Prayer is allowed.

4. Learned counsel for the appellant submits that appellant has been convicted under Section 323 and 324 of the Indian Penal Code as well as Section 27 of the Arms Act. However, Doctor and I.O. have not been examined and a compromise petition has been filed which is marked as Ext. 1/1 as well as P.W. 1 has stated that they have compromised and has also signed on sulahnama.

5. Having regard to the facts that parties are compromised and Section 323 and 324 of I.P.C. are compoundable and hence offence is compounded. Hence, order of conviction and sentence recorded by the lower court is hereby set aside and the appeal is allowed in view of compromise arrived in between the parties. Patna High Court, ( Gopal Prasad, J.) The 3rd August, 2011.

Same Court & Year Patna · 2011 Same Parties Nand Kumar Thakur vs The State of Bihar Same Subject Criminal Same Judge Gopal Prasad, J. Acts & Sections Indian Penal Code (IPC) - Sections 323, 324