Uttarakhand High Court

CRLR/951/2001 of NANDAN SIGN and ORS. Vs STATE on 31 December 2010

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COURT OF UTTARAKHAND AT NAINITAL Compounding Application No. 1278/2010 In Criminal Revision No. 951/2001 Nandan Singh & Others. …….Revisionists Versus State of Uttaranchal …….Respondent December 31, 2010 Hon’ble Prafulla C. Pant, J. Shri Umesh Kalakoti,

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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

Compounding Application No. 1278/2010 In Criminal Revision No. 951/2001

Nandan Singh & Others.

Versus

…….Revisionists

State of Uttaranchal …….Respondent

December 31, 2010

Hon’ble Prafulla C. Pant, J.

Shri Umesh Kalakoti, Advocate, present for the revisionists.

Shri S.S. Adhikari, AGA, present for the State.

Shri Tarun Takuli, Advocate, present for the complainant.

Heard.

This revision is directed against the order dated 1.11.2001 passed by the Sessions Judge, Bageshwar in Criminal Appeal No. 11/2001, whereby the said appeal was partly allowed and the revisionists Nandan Singh, Soben Singh and Khushal Singh were convicted under Section 323, 504, 506 IPC. Each one of the convicts/revisionists were sentenced to rigorous imprisonment for a period of one year under Section 323 IPC, rigorous imprisonment for a period of one year under Section 504 IPC and rigorous imprisonment for a further period of one year under Section 506 IPC.

Learned Counsel for the revisionists and learned Counsel for the complainant submitted before this Court that the aforesaid offences are compoundable and compounding application no. 1278/2010 has been moved on behalf of the revisionists and the complainant, which is supported by their affidavits.

Having heard learned Counsel for the parties, this Court is of the view that the application deserves to be allowed.

Accordingly, compounding application no. 1278 of 2010 is allowed.

In view of the compounding of the offences, the revisionists, namely, Nandan Singh, Soben Singh and Khushal Singh are acquitted of the charge of offence punishable under Section 323, 504, 506 IPC. Impugned order stands set aside.

Revision also stands disposed of.

PRABODH

(Prafulla C. Pant, J.)

31.12.2010

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