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Supreme Court Of India

(From : Kerala)

Hon'ble Judge(s): Ranjana Desai, Madan B. Lokur , JJ

(A) Penal Code (45 of 1860) , S.326, S.325— Criminal P.C. (2 of 1974) , S.320— Grievous hurt by dangerous weapon - Accused alleged to have assaulted injured with iron rod - No clear evidence that iron rod was used - Recovery made was of wooden stick - Injured in suit for compensation also alleging that assault was by stick - Conviction of accused under S. 326 liable to be converted to one under S. 325 - Offence 18 years old - Parties have compromised offence out of Court and sought compounding - Permission to compound offence granted. (Para 8 10) (B) Criminal P.C. (2 of 1974) , S.320— Compounding of offence - Has to be done strictly in accordance with Section 320 - No deviation is permissible. (Para 6) Alternate Views .....