Allowed

Ramesh Ram and Another v. State

Uttarakhand HC9 May 2013CRLA/458/2007

Case brief

AI extract

What is this about?

The High Court of Uttarakhand allowed a compounding application for an offence under Section 506 IPC. Consequently, the appeal against conviction and sentence filed by Ramesh Ram and Bhuwan Ram was disposed of, and both accused were acquitted. The impugned judgment setting aside the conviction is set aside.

What did the court decide?

Compounding application allowed; conviction and sentence set aside; appellants acquitted.

Ramesh Ram and Another Vs State — Constitutional and Fundamental Rights | Uttarakhand HC (2013)

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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

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Criminal Appeal No. 458 of 2007

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With

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CRMA No. 512 of 2013

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Ramesh Ram S/o Shri Bachi Ram.

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Bhuwan Ram S/o Sri Ramesh Ram Both R/o Village Dharsou, Patwari Circle Parewa, Tehsil Pati, District Champawat.

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….….. Appellants

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Versus

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The State of Uttarakhand

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…… Respondent

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Mr. Lalit Sharma, Advocate, and Mr. Sanjay Bhatt, Advocate, present for the appellants.

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Mr. Asif Ali, Brief Holder, present for the State.

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Mr. Rajesh Sharma, Advocate, present for the complainant.

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Hon’ble Prafulla C. Pant, J.

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Heard.

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This appeal, preferred under Section 374 of Code of Criminal Procedure, 1973, is directed against judgment and order dated 31.10.2007/02.11.2007, passed by learned Sessions Judge, Champawat, in Session Trial No. 01 of 2005, whereby accused/appellants Ramesh Ram and Bhuwan Ram have been convicted under Section 506 of I.P.C., and each one of them has been sentenced to rigorous imprisonment for a period of two years, and directed to pay fine of ` 1000/-. In default of payment of fine, the defaulter convict has been directed to undergo further three months’ imprisonment.

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At the time of final hearing of this appeal, a Compounding Application (CRMA) No. 512 of 2013, has

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been moved on behalf of the appellants and complainant seeking permission to get the offence compounded, in respect of which the appellants are convicted. The compounding application has been supported by affidavits of the accused/appellant Bhuwan Ram and Chani Ram (informant/complainant).

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The offence punishable under Section 506 of I.P.C. is compoundable, as provided in the Table given in Section 320 of Code of Criminal Procedure, 1973, which provides that the offence punishable under Section 506 of I.P.C., can be compounded with the person intimidated. Today, informant/complainant Chani Ram (PW1) identified by his counsel Mr. Rajesh Sharma, Advocate, is present in the Court and his wife Shanti Devi (PW2) is also present in the Court. She too is identified by her counsel. Both of them stated before this Court that they want to compound the offence with the accused/appellants.

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Therefore, Compounding Application (CRMA) No. 512 of 2013, is allowed. The offence punishable under Section 506 of I.P.C., in respect of which, conviction has been recorded against the accused/appellants Ramesh Ram and Bhuwan Ram, stands compounded and both of them deserve to be acquitted from said charge.

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Accordingly, the appeal is disposed of, and it is directed in view of compounding of the offence punishable under Section 506 of I.P.C., as above, the impugned

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judgment and order dated 31.10.2007/02.11.2007, passed by learned Sessions Judge, Champawat, in Session Trial No. 01 of 2005, to the extent it relates to the conviction and sentence recorded against the accused/appellants Ramesh Ram and Bhuwan Ram, in respect of the said offence is set aside. Both of them namely Ramesh Ram and Bhuwan Ram are acquitted from the charge of offence punishable under Section 506 of I.P.C. They are on bail. They need not surrender.

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(Prafulla C. Pant, J.)

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09.05.2013 JM

Ramesh Ram and Another v. State

Case brief

What is this about?

What did the court decide?

Ramesh Ram and Another v. State

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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