Case BriefsHigh Courts

Himachal Pradesh High Court: A criminal revision petition filed under Section 320 read with Section 482 CrPC for compounding the criminal case pending against the petitioners was allowed by Single Judge Bench comprising of Tarlok Singh Chauhan, J.

The petitioners were allowed to have assaulted the complainant out of the previous enmity between them. They were tried and sentenced by the trial court under Sections 324 and 477 read with Section 34 IPC. Petitioners filed the present petition submitting that they have entered into an amicable settlement with the complainant. It was further submitted that the parties have buried their differences and disputes; they have good relations and live in peace and harmony; the complainant did not want to prosecute the matter any further.

The parties were present before the High Court and they submitted the deed of settlement by which it was clear that the complainant did not want to pursue the case further. The Court relied on Gian Singh v. State of Punjab; (2012) 10 SCC 303, wherein it was held that the powers of the High Court under Section 482 are wider than the power of a criminal court to compound an offence under Section 320 CrPC. Considering the fact that the offence for which the petitioners were charged cannot be stricto sensu held to be an offence against the State, and also that the parties have settled the suit amicably; the High Court held it to be a fit case to exercise powers under Section 482. Accordingly, the petition was allowed and the matter was ordered to be compounded. [Sunit Singh v. State of H.P,2018 SCC OnLine HP 606, dated 15-05-2018]

Case BriefsHigh Courts

Chhattisgarh High Court: In an appeal filed against the conviction of the appellants by the trial court under Section 307 IPC, a Single Judge Bench comprising of Arvind Singh Chandel, J., altered the conviction from Section 307 to Section 308 IPC.

The appellants were alleged to have assaulted the complainant by causing head injury to him. It was alleged that they had an enmity with the complainant and therefore on the day of the incident, they assaulted him with a danda. The appellants were charged under Section 307 IPC for an attempt to murder. The appellants challenged the decision of the trial court.

The High Court on considering the record found that the enmity between the parties arose out of certain money dispute. The Court found that the assault was made in the crowd. It was observed that if the intention to make the assault had been to commit murder, the appellants would not have committed the assault in a crowd. Further, as was evident from the medical report, only one grievous injury was caused on the head of the complainant. However, according to the medical expert, the injury was not dangerous to life. Had the intention of making the assault been to commit murder, the appellants would have caused more than one injury. In such circumstances, the intention to cause murder, a necessary ingredient to prove the offence under Section 307, was absent. The Court was of the view that the offence committed would fall under Section 308 (attempt to culpable homicide) since the appellants were aware that such injury could cause the death of the complainant. The appeals were partly allowed and the conviction was altered from Section 307 to Section 308. [Devi Singh v.  State of M.P.,2018 SCC OnLine Chh 513, dated 18-5-2018]

Hot Off The PressNews

In an unfortunate incident that took place last night, six NUJS students were groped and brutally assaulted by a mob of goons hired by the government contractor in charge of demolition of the Subhas Sarovar slums. After the students of NUJS Kolkata obtained a stay order of Calcutta High Court on the demotion of slum housing.

Narrating the sequence of events, the Student Juridical Association, NUJS, in it’s official Press Release, said that despite the stay order, the contractors demolished the slums at which point NUJS students went to the contractors with the copy of the Court order. On being confronted, the order was torn up, following which the female students were groped by multiple goons and the male students were grievously assaulted till they were unconscious. Their phones were smashed and destroyed and when they tried to escape, the gates of the area, which is a fenced enclosure, were shut.

Terming the incident as manhandling of collective conscience, the student association wrote:

“we, as the law school fraternity, must stand together against this complete obliteration of the rule of law that we seek to defend and practice. We sincerely hope that in this hour of need, our collective conscience will inspire us to participate in defending and echoing the common ideals of liberty and rule of law that bind us together.”

As per the latest update, the Calcutta High Court has immediately ordered the state for rehabilitation of the evicted slum dwellers within 24 hours and has issued a contempt of court notice against perpetrators.

Last month, the public interest team at Increasing Diversity By Increasing Access (IDIA) comprising of NUJS students had obtained a stay on slum demolitions in Kolkata’s Subhas Sarovar area.

As part of its beautification project, the West Bengal state government planned to demolish the slums in the area, which would render around twenty-two families living there for more than a decade, homeless. Three of the slum dwellers, including octogenarian Shiv Shankar Ray, sought to file a petition before the Calcutta High Court challenging the government’s decision. The petition was drafted by the IDIA team comprising of NUJS students– which received help from pro bono lawyers practising at the High Court.