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Dasan v. State of Kerala & Another

Criminal Appeal · Neutral citation not assigned (Criminal Appeal No. 242 of 2014)Decided 27 Jan 2014
Criminal Appeal No. 242 of 2014
Justice Ranjana Prakash Desai · Justice Madan B. Lokur

Background

Dasan was convicted of causing grievous hurt with a dangerous weapon and sentenced to imprisonment, with compensation for the injured man. Eighteen years after the incident, the two settled and asked the Court to permit a compromise ending the criminal case. The record also contained conflicting descriptions of the weapon, with a wooden stick recovered rather than the iron rod described by witnesses in court.

Decision Breakdown

The Supreme Court held that the original Section 326 offence could not simply be compounded because the parties had settled. On the evidence, however, it was uncertain that an iron rod had been used, and the Court adopted the version favourable to Dasan and changed the conviction to Section 325. That lesser grievous-hurt offence was legally compoundable with the court's permission. Given the settlement and long passage of time, permission was granted, the offence was compounded and Dasan was acquitted.

Lesson Learnt

A private settlement does not automatically cancel a conviction for a non-compoundable offence. Relief here followed an evidence-based change to an offence that the law permitted the injured person to compound with judicial permission.

Official source (sci.gov.in)View Judgment (PDF)

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