HANUMAN PRASAD & ORS. Vs. STATE OF RAJASTHAN
LAWS(RAJ)-2015-1-397
HIGH COURT OF RAJASTHAN
Decided on January 09,2015

Hanuman Prasad And Ors. Appellant
VERSUS
STATE OF RAJASTHAN Respondents

JUDGEMENT

Vijay Bishnoi, J. - (1.) The matter comes up on for consideration of two applications (CRLMA Nos.20/2015 and 25/2015). The application (CRLMA No.20/2015) is filed by the appellants for taking compromise, entered into between the appellants and the complainant - Mangilal, on record and to decide the appeal in the light of compromise. The application (CRLMA No.25/2015) is preferred by the appellant-applicant - Hanuman Prasad with a prayer that conviction of him recorded by the Additional Sessions Judge, Raisinghnagar (hereinafter referred to as 'the trial court') in Sessions Case No.16/1997 vide judgment dated 18.09.1999 be stayed.
(2.) Learned counsel for the parties prayed some time to argue the application (CRLMA No.20/2015) to satisfy this Court that this criminal appeal can be decided on the basis of compromise and the appellants can be acquitted from the charges for which they have been convicted because the Hon'ble Apex Court in Narinder Singh Ors. v. State of Punjab Anr., 2014 SC CANDID 20 while defining the power lies in the High Court under Section 482 Cr.P.C. has held as under:- "Similarly, in those cases where the conviction is already recorded by the trial court and the matter is at the appellate stage before the High Court, mere compromise between the parties would not be a ground to accept the same resulting in acquittal of the offender who has already been convicted by the trial court."
(3.) Time prayed for is granted. The compromise produced by the parties be taken on record.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.