YOGENDRA YADAV Vs. STATE OF JHARKHAND
LAWS(SC)-2014-7-55
SUPREME COURT OF INDIA (FROM: JHARKHAND)
Decided on July 21,2014

Yogendra Yadav Appellant
VERSUS
STATE OF JHARKHAND Respondents


Cited Judgements :-

ANIL KUMAR VS. STATE OF KERALA [LAWS(KER)-2019-3-103] [REFERRED TO]
RAMACHANDRAN NAIR VS. STATE OF KERALA [LAWS(KER)-2019-3-359] [REFERRED TO]
MALLAPPA S/O SIDDAPPA PUJARI VS. THE STATE OF KARNATAKA [LAWS(KAR)-2016-4-146] [REFERRED TO]
AJEESH JAFFER VS. STATE OF KERALA [LAWS(KER)-2024-8-22] [REFERRED TO]
RASHID VS. STATE OF KERALA [LAWS(KER)-2024-1-25] [REFERRED TO]
SAHIL KUMAR & ANR VS. STATE OF J&K AND OTHERS [LAWS(J&K)-2018-12-106] [REFERRED TO]
NOUSHAD HUSSAIN VS. FAISAL [LAWS(KER)-2016-8-98] [REFERRED TO]
BASALINGAPPA HANAMANT VALIKAR VS. STATE OF KARNATAKA [LAWS(KAR)-2022-9-403] [REFERRED TO]
SANT KUMAR JAIN VS. STATE GOVT OF NCT OF DELHI [LAWS(DLH)-2015-5-413] [REFERRED TO]
SANTOSH VS. STATE OF U.P. [LAWS(ALL)-2019-11-362] [REFERRED TO]
TARIK ALI VS. STATE OF U.P. [LAWS(ALL)-2019-12-269] [REFERRED TO]
BALJEET SINGH SHISHODIA VS. STATE OF U.P. [LAWS(ALL)-2019-12-428] [REFERRED TO]
UMESH KUMAR PANDEY @ MINTU VS. STATE OF U.P. [LAWS(ALL)-2020-1-37] [REFERRED TO]
NITESH KISHORBHAI CHAWLA AND ORS. VS. STATE OF GUJARAT AND ORS. [LAWS(GJH)-2015-3-1] [REFERRED TO]
SALIL BANDODKAR VS. STATE OF GOA [LAWS(BOM)-2017-5-103] [REFERRED TO]
CHABILAL K C SON OF THAMAN K C VS. STATE OF GOA, THROUGH PUBLIC PROSECUTOR, HIGH COURT, PANAJI, GOA [LAWS(BOM)-2017-4-211] [REFERRED TO]
AWANEESH CHANDRA JHA VS. STATE OF NAGALAND [LAWS(GAU)-2023-5-81] [REFERRED TO]
FAKEERA VS. STATE OF U.P. [LAWS(ALL)-2021-7-251] [REFERRED TO]
GAGAN VS. STATE OF U. P. [LAWS(ALL)-2021-8-50] [REFERRED TO]
UGEN JIGMEE AND ANOTHER VS. STATE OF SIKKIM [LAWS(SIK)-2017-5-16] [REFERRED TO]
MOTI RAM & ORS ; JITENDRA SINGH & ORS VS VS. STATE & ANR [LAWS(RAJ)-2016-8-85] [REFERRED]
PARAMJIT SINGH ALIAS MINTU VS. STATE OF PUNJAB AND ANOTHER [LAWS(P&H)-2018-1-147] [REFERRED TO]
RAMA PANDIT VS. STATE OF BIHAR [LAWS(PAT)-2015-8-8] [REFERRED TO]
BALJIT SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2023-5-23] [REFERRED TO]
ABDUL FAHAD VS. STATE OF KERALA [LAWS(KER)-2019-3-98] [REFERRED TO]
SHIVNATH RAM AND ORS. VS. STATE OF RAJASTHAN AND ORS. [LAWS(RAJ)-2015-3-83] [REFERRED TO]
GIRDHARILAL CHAUDHARY VS. STATE OF CHHATTISGARH [LAWS(CHH)-2014-8-4] [REFERRED TO]
VIJAY TIWARI VS. STATE OF U.P. [LAWS(ALL)-2020-1-26] [REFERRED TO]
DEVI SINGH VS. STATE OF U.P. [LAWS(ALL)-2020-2-325] [REFERRED TO]
ADITYA KUMAR GAUTAM VS. STATE OF U.P. [LAWS(ALL)-2020-1-24] [REFERRED TO]
JITENDRA KUMAR VS. STATE OF U.P. [LAWS(ALL)-2019-11-322] [REFERRED TO]
SALEEM VS. STATE OF U.P. [LAWS(ALL)-2019-11-326] [REFERRED TO]
NITIN SINGHAL AND ANOTHER VS. STATE OF U P AND ANOTHER [LAWS(ALL)-2018-1-130] [REFERRED TO]
PARVEEN KUMAR VS. STATE OF U. P. [LAWS(ALL)-2020-6-186] [REFERRED TO]
AMEY PRABHUDESSAI AND ORS. VS. STATE OF GOA AND ORS. [LAWS(BOM)-2015-1-335] [REFERRED TO]
LAXMAN AND ORS. VS. THE STATE OF MAHARASHTRA AND ORS. [LAWS(BOM)-2015-1-223] [REFERRED TO]
VISHWAJEET RANE VS. STATE OF GOA, THROUGH POLICE ATTACHED TO OLD GOA [LAWS(BOM)-2017-8-257] [REFERRED TO]
GURCHARAN SINGH & ORS VS. STATE OF J&K AND ANOTHER [LAWS(J&K)-2018-12-80] [REFERRED TO]
DEEPAK GOEL & ANR VS. STATE AND ORS [LAWS(J&K)-2018-5-18] [REFERRED TO]
VALVEER VS. STATE OF U.P. [LAWS(ALL)-2020-8-40] [REFERRED TO]
AVDHESH KUMAR VS. STATE OF U.P. [LAWS(ALL)-2021-7-196] [REFERRED TO]
RAJEEV MOHAN SAXENA VS. STATE OF U.P. [LAWS(ALL)-2021-9-22] [REFERRED TO]
BIJU CHERYAN VS. STATE OF KERALA [LAWS(KER)-2014-10-157] [REFERRED TO]
SEBASTIAN VS. STATE OF KERALA AND ORS. [LAWS(KER)-2014-12-147] [REFERRED TO]
FRANCIS VS. STATE OF KERALA [LAWS(KER)-2024-5-158] [REFERRED TO]
ABHIMANYU VS. STATE OF KERALA [LAWS(KER)-2024-6-62] [REFERRED TO]
PURUSHU VS. GANESHAN [LAWS(KER)-2023-3-32] [REFERRED TO]
HARIDAS VS. STATE OF KERALA [LAWS(KER)-2024-1-23] [REFERRED TO]
SATISH VS. STATE OF KARNATAKA [LAWS(KAR)-2023-4-333] [REFERRED TO]
GULZAR BEGUM VS. STATE OF KARNATAKA [LAWS(KAR)-2022-9-359] [REFERRED TO]
GANESH CHOUDHARY VS. STATE OF JHARKHAND [LAWS(JHAR)-2022-2-11] [REFERRED TO]
MOHIT KUMAR AGARWAL & ORS VS. STATE OF SIKKIM [LAWS(SIK)-2017-6-8] [REFERRED TO]
SHRI SANJAY PRASAD VS. STATE OF SIKKIM [LAWS(SIK)-2017-7-5] [REFERRED TO]
NARAYAN SHARMA (DAWARI), SON OF CHURAMANI DAWARI VS. STATE OF SIKKIM [LAWS(SIK)-2018-4-3] [REFERRED TO]
PEMA CHULTIM BHUTIA VS. STATE OF SIKKIM [LAWS(SIK)-2022-2-6] [REFERRED TO]
NAJIR HUSSAIN VS. STATE OF ASSAM AND OTHERS [LAWS(GAU)-2016-12-76] [REFERRED TO]
HAMRIUDDIN MIAN VS. STATE OF JHARKHAND [LAWS(JHAR)-2022-7-92] [REFERRED TO]
RAJESH GOPALAKRISHNAN VS. STATE OF KERALA [LAWS(KER)-2024-6-90] [REFERRED TO]
BALWINDER SINGH AND OTHERS VS. STATE OF PUNJAB AND OTHERS [LAWS(P&H)-2018-1-156] [REFERRED TO]
P. VIJESH VS. STATE OF KERALA AND ORS. [LAWS(KER)-2015-5-56] [REFERRED TO]
YESAIAH @ YESU VS. STATE OF KARNATAKA [LAWS(KAR)-2020-9-24] [REFERRED TO]
KARABASAYYA VS. STATE OF KARNATAKA [LAWS(KAR)-2021-9-249] [REFERRED TO]
ANTONY JAYAN VS. STATE OF KERALA [LAWS(KER)-2019-3-355] [REFERRED TO]
SATYAPAL SINGH VS. STATE OF U.P. [LAWS(ALL)-2019-12-300] [REFERRED TO]
BHUPENDRA VS. STATE OF U.P. [LAWS(ALL)-2019-11-315] [REFERRED TO]
NAND LAL VS. STATE OF U.P. [LAWS(ALL)-2020-2-374] [REFERRED TO]
SHIV KUMAR AND 2 OTHERS VS. STATE OF U.P. [LAWS(ALL)-2020-2-373] [REFERRED TO]
SATISH CHANDRA MISHRA VS. STATE OF U.P. [LAWS(ALL)-2020-2-16] [REFERRED TO]
RAJENDRA @ KALLU VS. STATE OF U.P. [LAWS(ALL)-2020-1-259] [REFERRED TO]
BRAJESH VS. STATE OF U.P. [LAWS(ALL)-2020-2-15] [REFERRED TO]
HUSSAIN SIDDIQUI VS. STATE OF GOA [LAWS(BOM)-2015-12-18] [REFERRED TO]
VITHAL KAPUSKAR S/O GABAJI KAPUSKAR VS. STATE OF GOA [LAWS(BOM)-2014-12-13] [REFERRED TO]
ER. S. BENRIO KITHAN VS. STATE OF NAGALAND [LAWS(GAU)-2023-5-69] [REFERRED TO]
DILIP BAHURIA VS. STATE OF NAGALAND [LAWS(GAU)-2023-4-46] [REFERRED TO]
AKHIL.S SEKHAR VS. STATE OF KERALA [LAWS(KER)-2016-6-6] [REFERRED TO]
SUBAIR VS. STATE OF KERALA [LAWS(KER)-2023-4-33] [REFERRED TO]
TENSON VS. STATE OF KERALA [LAWS(KER)-2024-4-105] [REFERRED TO]
DELBIN TOM VS. STATE OF KERALA [LAWS(KER)-2024-1-17] [REFERRED TO]
RASOOL SHEIKH VS. STATE OF JHARKHAND [LAWS(JHAR)-2022-8-103] [REFERRED TO]
SUNIL KUMAR VS. STATE OF KERALA [LAWS(KER)-2019-6-75] [REFERRED TO]
SAISH FARJENT VS. STATE OF GOA [LAWS(BOM)-2015-11-127] [REFERRED]
BINTU SAINI VS. STATE OF U.P. [LAWS(ALL)-2024-6-7] [REFERRED TO]
RAJESH AND ORS. VS. STATE OF GUJARAT AND ORS. [LAWS(GJH)-2015-3-2] [REFERRED TO]
SIZAR KUMAR DHAKA VS. STATE OF U.P. [LAWS(ALL)-2020-8-39] [REFERRED TO]
AJAY KUMAR VS. STATE OF U. P. [LAWS(ALL)-2020-7-134] [REFERRED TO]
RAJAT GOEL VS. STATE OF U.P. [LAWS(ALL)-2021-8-140] [REFERRED TO]
DILEEP PATEL @ RAM MILAN VS. STATE OF U.P. [LAWS(ALL)-2020-1-83] [REFERRED TO]
RAMJEET @ RAMJEE VS. STATE OF UP [LAWS(ALL)-2019-12-289] [REFERRED TO]
LAL BABU VS. STATE OF U P AND ANOTHER [LAWS(ALL)-2018-1-136] [REFERRED TO]
IQBAL AND 5 OTHERS VS. STATE OF U.P. [LAWS(ALL)-2020-1-502] [REFERRED TO]
TSHWANG NORBU SHERPA AND ORS. VS. STATE OF SIKKIM [LAWS(SIK)-2015-3-13] [REFERRED TO]
NIKHIL SARATHE VS. STATE OF M P AND OTHERS [LAWS(MPH)-2018-8-196] [REFERRED TO]
RINCHEN TAMANG VS. STATE OF SIKKIM [LAWS(SIK)-2022-2-7] [REFERRED TO]
MANOJ VS. STATE OF KERALA [LAWS(KER)-2024-6-95] [REFERRED TO]
VAKKACHAN VS. STATE OF KERALA [LAWS(KER)-2023-3-51] [REFERRED TO]
MAHENDRA SINGH & ORS VS. STATE & ANR [LAWS(RAJ)-2016-8-67] [REFERRED]
KUMOL TAYENG VS. STATE OF ARUNACHAL PRADESH [LAWS(GAU)-2017-9-27] [REFERRED TO]
GEDDAM UMA MAHESWARARAO VS. GEDDAM UMA MAHESWARARAO [LAWS(KER)-2019-6-18] [REFERRED TO]
AZEEM, S/O.ABDUL VAHID VS. STATE OF KERALA [LAWS(KER)-2019-3-95] [REFERRED TO]
MUHAMMED JAMSHID K. VS. MUHAMMED JABIR K. [LAWS(KER)-2016-6-28] [REFERRED TO]
SANJAY KUMAR VS. STATE OF U.P. [LAWS(ALL)-2019-11-365] [REFERRED TO]
VEERPAL SINGH VS. STATE OF U.P. [LAWS(ALL)-2019-12-136] [REFERRED TO]
DIVYANSH DUBEY VS. STATE OF U.P. [LAWS(ALL)-2019-12-365] [REFERRED TO]
VISHNU KASHALKAR VS. PUBLIC PROSECUTOR HIGH COURT OF BPMBAY AT PANAJI [LAWS(BOM)-2016-10-127] [REFERRED TO]
RAMESH BHARTU VS. STATE OF GOA [LAWS(BOM)-2014-12-176] [REFERRED TO]
UPPALA NARESH AND ORS VS. STATE OF T S AND ORS [LAWS(APH)-2017-2-68] [REFERRED TO]
AMBUJ TRIVEDI VS. STATE OF U. P. [LAWS(ALL)-2022-12-64] [REFERRED TO]
ASHWANI DUBEY VS. STATE OF U.P. [LAWS(ALL)-2021-8-144] [REFERRED TO]
VIDESHI CHAURASIYA VS. STATE OF U.P. [LAWS(ALL)-2021-8-1] [REFERRED TO]
PRAMOD KUMAR VS. STATE OF U.P. [LAWS(ALL)-2021-8-132] [REFERRED TO]
SURESH RAI VS. STATE OF NAGAL [LAWS(GAU)-2024-1-60] [REFERRED TO]
NATRAJAN SUNDARESAN VS. STATE OF MAHARASHTRA AND ANOTHER [LAWS(BOM)-2017-4-104] [REFERRED TO]
SUNNY MURGAONKAR AND ORS. VS. STATE OF GOA AND ORS. [LAWS(BOM)-2017-4-193] [REFERRED TO]
SMT. ANUPAMA RODRIGUES VS. STATE OF GOA [LAWS(BOM)-2017-3-278] [REFERRED TO]
RAJENDRA RAI VS. STATE OF SIKKIM THROUGH LD PUBLIC PROSECUTOR [LAWS(SIK)-2017-5-12] [REFERRED TO]
MANISH, S/O SHRI JAIDEV JI GURJAR, AGED 27 YEARS, RESIDENT OF BHOPALGANJ, BHILWARA VS. STATE OF RAJASTHAN [LAWS(RAJ)-2016-12-30] [REFERRED TO]
ARJINDER SINGH AND ORS. VS. STATE OF PUNJAB AND ORS. [LAWS(P&H)-2016-3-61] [REFERRED TO]
AJAY SHARMA VS. STATE OF JHARKHAND [LAWS(JHAR)-2022-11-76] [REFERRED TO]
ANISH MOHAN VS. STATE OF KERALA [LAWS(KER)-2019-1-405] [REFERRED TO]
MOHAMMED ASHRAF VS. STATE OF KERALA [LAWS(KER)-2019-2-249] [REFERRED TO]
ANEESH VS. STATE OF KERALA [LAWS(KER)-2019-3-111] [REFERRED TO]
RAJU VS. STATE OF KERALA [LAWS(KER)-2016-8-112] [REFERRED TO]
VIKRAM SODHI VS. STATE OF J&K AND ANOTHER [LAWS(J&K)-2018-12-55] [REFERRED TO]
WAHID ALI KHAN VS. STATE OF U.P. [LAWS(ALL)-2020-1-209] [REFERRED TO]
RAJ KAPOOR VS. STATE OF U.P. [LAWS(ALL)-2019-11-327] [REFERRED TO]
JASWANT YADAV AND ANOTHER VS. STATE OF U.P. AND 2 OTHERS [LAWS(ALL)-2017-10-213] [REFERRED TO]
VINAY CHAUDHARY VS. STATE OF U.P. AND ANOTHER [LAWS(ALL)-2017-1-69] [REFERRED TO]
DEVDUTTA RAIKAR VS. STATE OF GOA [LAWS(BOM)-2015-12-177] [REFERRED TO]
RAJKUMAR VS. STATE OF M P [LAWS(MPH)-2020-10-20] [REFERRED TO]
YESUDAS SAIMON VS. STATE OF KERALA [LAWS(KER)-2016-6-14] [REFERRED TO]
ABILASH K. VS. STATE OF KERALA [LAWS(KER)-2016-6-8] [REFERRED TO]
ABU LATHEEF BACKER VS. MOHAMMED BASHEER [LAWS(KER)-2016-6-25] [REFERRED TO]
NISHAN SINGH AND OTHERS VS. STATE OF PUNJAB AND OTHERS [LAWS(P&H)-2018-1-131] [REFERRED TO]
SARABJIT SINGH @ SABA AND ANOTHER VS. STATE OF PUNJAB AND ANOTHER [LAWS(P&H)-2018-1-158] [REFERRED TO]
UMANG CHOUDHARY VS. STATE OF M P [LAWS(MPH)-2015-7-160] [REFERRED TO]
A.NAVEEN VS. STATE BY JALAHALLI POLICE STATION [LAWS(KAR)-2019-12-226] [REFERRED TO]
NIVA SINHA AND ORS VS. STATE OF J&K & ANR [LAWS(J&K)-2018-12-132] [REFERRED TO]
NASID VS. STATE OF KERALA [LAWS(KER)-2023-1-153] [REFERRED TO]
LABAN VS. STATE OF KERALA [LAWS(KER)-2023-4-34] [REFERRED TO]
SUNIL KUMAR K.K. VS. STATE OF KERALA [LAWS(KER)-2024-2-48] [REFERRED TO]
IRFAN VS. STATE OF KERALA [LAWS(KER)-2024-1-99] [REFERRED TO]
AJESH VS. STATE OF KERALA [LAWS(KER)-2023-2-143] [REFERRED TO]
TAHIR VASANALI ISANI AND OTHER VS. STATE OF GOA [LAWS(BOM)-2017-4-254] [REFERRED TO]
SHRI BABRUWAN KINALKAR VS. STATE AND OTHER [LAWS(BOM)-2017-3-276] [REFERRED TO]
PRAKASH RAMESHBHAI MAKWANA VS. STATE OF GUJARAT [LAWS(GJH)-2015-2-50] [REFERRED TO]
ANEESHKUTTY VS. STATE OF KERALA [LAWS(KER)-2019-2-187] [REFERRED TO]
KIRAN VS. STATE OF KERALA [LAWS(KER)-2019-3-329] [REFERRED TO]
AKHIL RAJ VS. SUB INSPECTOR OF POLICE, THODUPUZHA POLICE STATION [LAWS(KER)-2019-4-51] [REFERRED TO]
SALEEM VS. STATE OF KERALA [LAWS(KER)-2019-4-202] [REFERRED TO]
SHAHID AND OTHERS VS. STATE OF U P AND ANR [LAWS(ALL)-2015-11-232] [REFERRED]
AFTAB AHMAD VS. STATE OF U.P. [LAWS(ALL)-2020-2-17] [REFERRED TO]
KHURSHID VS. STATE OF U.P. [LAWS(ALL)-2020-2-94] [REFERRED TO]
NIRMALA DEVI VS. STATE OF U.P. [LAWS(ALL)-2020-2-355] [REFERRED TO]
MANOJ VS. STATE OF U.P. [LAWS(ALL)-2019-11-306] [REFERRED TO]
IDRISH VS. STATE OF U.P. [LAWS(ALL)-2018-9-230] [REFERRED TO]
BALVEER SINGH VS. STATE OF U.P. [LAWS(ALL)-2019-11-308] [REFERRED TO]
REKHA VS. STATE OF U.P. [LAWS(ALL)-2020-2-14] [REFERRED TO]
ASHA AND ANOTHER VS. STATE OF U P AND ANOTHER [LAWS(ALL)-2017-11-93] [REFERRED TO]
LAKSHAMAN PASVAN VS. STATE OF U.P. [LAWS(ALL)-2021-3-21] [REFERRED TO]
KASHI NATH PANDEY VS. STATE OF U. P. [LAWS(ALL)-2020-7-135] [REFERRED TO]
MAHENDRA SINGH VS. STATE OF U.P. [LAWS(ALL)-2020-8-24] [REFERRED TO]
PREM SINGH TAMANG VS. STATE OF SIKKIM [LAWS(SIK)-2018-4-1] [REFERRED TO]
MANOJ DARJEE, SON OF KRISHNA NARAYAN DARJEE VS. STATE OF SIKKIM [LAWS(SIK)-2018-2-3] [REFERRED TO]
MITHUN SAH S/O RAMAKANTH SAH VS. STATE OF SIKKIM [LAWS(SIK)-2017-6-10] [REFERRED TO]
PEM LHAMU LEPCHA VS. STATE OF SIKKIM [LAWS(SIK)-2022-8-4] [REFERRED TO]
MEGHRAJ VYAS S/O SHRI ASHOK KUMAR VYAS, R/O NEAR BABA RAMDEV PARK, OUTSIDE NATHUSAR GATE, BIKANER (RAJ.) VS. STATE OF RAJASTHAN [LAWS(RAJ)-2016-10-33] [REFERRED TO]
THANSEER AHMED VS. THE STATE AND ORS. [LAWS(KAR)-2015-11-161] [REFERRED TO]
MADHAV AND ORS. VS. THE STATE OF KARNATAKA AND ORS. [LAWS(KAR)-2016-1-28] [REFERRED TO]
CHIKKEERE GOWDA AND ORS. VS. JAVARE GOWDA AND ORS. [LAWS(KAR)-2015-3-121] [REFERRED TO]
PUTTAYYA VS. STATE OF KARNATAKA; SHIVALILA [LAWS(KAR)-2016-3-384] [REFERRED]
MAHESH SURESH BENAKANNAVAR VS. STATE OF KARNATAKA [LAWS(KAR)-2023-3-45] [REFERRED TO]
MOHAMMED SOHALI BILAGI VS. STATE OF KARNATAKA [LAWS(KAR)-2022-9-1277] [REFERRED TO]
H.S.RAHAMATHULLA KHAN VS. STATE [LAWS(KAR)-2022-9-323] [REFERRED TO]
ANCIL KHAN VS. STATE OF KERALA [LAWS(KER)-2019-3-256] [REFERRED TO]
SAKKEER HUSSAIN @ SAKKEER VS. STATE OF KERALA [LAWS(KER)-2019-5-183] [REFERRED TO]
ASHISH SHARMA & ORS VS. STATE AND ANR [LAWS(J&K)-2018-10-63] [REFERRED TO]
MOHAMMED IRFAN N.S. VS. STATE OF KERALA [LAWS(KER)-2024-2-108] [REFERRED TO]
R. HARISH VS. STATE OF KARNATAKA [LAWS(KAR)-2019-10-148] [RERERRED TO]
ANKIT SHARMA VS. STATE [LAWS(DLH)-2017-9-265] [REFERRED TO]
MENINO CAMILO FERNANDES VS. STATE OF GOA & ORS. [LAWS(BOM)-2017-5-102] [REFERRED TO]
GAGAN PAL SINGH AHUJA VS. STATE OF U. P. [LAWS(ALL)-2023-5-130] [REFERRED TO]
VISHNU KASHALKAR & ORS. VS. PUBLIC PROSECUTOR HIGH COURT OF BAMBAY AT PANAJI & ORS. [LAWS(BOM)-2017-10-20] [REFERRED TO]
ZAHID HASAN VS. STATE OF U.P. [LAWS(ALL)-2021-3-13] [REFERRED TO]
PREETI GUPTA VS. STATE OF U. P. [LAWS(ALL)-2018-10-235] [REFERRED TO]
RAMAKANT TIWARI AND ORS. VS. STATE OF U.P. AND ORS. [LAWS(ALL)-2018-11-257] [REFERRED TO]
YOGESH KUMAR VS. STATE OF U.P. [LAWS(ALL)-2019-12-336] [REFERRED TO]
JAGJEET SINGH VS. STATE OF U.P. [LAWS(ALL)-2020-2-52] [REFERRED TO]
IRFAN MIRZA VS. STATE OF U.P. [LAWS(ALL)-2020-3-65] [REFERRED TO]


JUDGEMENT

- (1.)The appellants are original Accused Nos.1 to 3 respectively in P.S. Meharma Case No.155 of 2004 registered under Sections 341, 323, 324, 504 and 307 read with Section 34 of the Indian Penal Code (for short, 'the IPC'). The FIR was lodged on 23/09/1994 by complainant Anil Mandal alleging that the appellants assaulted him and his men on 22/09/2004. On the same day the appellants also filed FIR in respect of the same incident dated 22/09/2004 alleging that complainant Anil Mandal, Baldev Mandal and others assaulted them. This FIR was registered at P.S. Meharma being Case No.156 of 2004 under Sections 147, 148, 149, 448, 341, 323 and 380 of the IPC.
(2.)In both the cases, after investigation, charge-sheet was submitted. While the cases were going on before the 2nd Additional Sessions Judge, Godda, both the parties agreed to compromise the cases. A Panchayat was held where with the intervention of the well-wishers a compromise was arrived at. A compromise petition dated 16/11/2011 was signed by both the parties and it was filed in the Court of 2nd Additional Sessions Judge, Godda. An application was filed under Section 231(2) read with Section 311 of the Code of Criminal Procedure, 1973 (for short, 'the Code') being S.C. No. 9/05 for recalling PWs 1 to 6 for further cross-examination on the point of compromise.
(3.)Learned Additional Sessions Judge by his order dated 16/11/2011 disposed of the said application. Learned Additional Sessions Judge observed that compromise petition was signed by the informant and the injured, their signatures were identified by the lawyers and, therefore, the compromise was genuine. He, however, observed that offences under Sections 324, 341, 323 of the IPC are compoundable with the permission of the court and offences under Sections 326, 307 read with Section 34 of the IPC are non-compoundable. He, therefore, accepted the application in respect of offences under Sections 323, 324 and 341 of the IPC. The said offences were compounded and the accused were acquitted of the same. Prayer for compounding of offences under Sections 326, 307 read with Section 34 of the IPC was rejected. Learned Additional Sessions Judge rejected the application for recalling of witnesses. He directed that the case should proceed against the accused for offences under Sections 326, 307 read with Section 34 of the IPC. This order was challenged by the appellants in the High Court of Jharkhand. By the impugned order the High Court dismissed the challenge, hence, this appeal.


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