B. K. SHARMA, J. ( 1 ) THIS revision has been preferred against the judgment and order dated 11/01/1984, passed by Sri Manpokhi Lal Sharma, the then VI Additional Sessions Judge, Bulandshahr in Criminal Appeal No. 126 of 1993, Chhotan Giri and 4 others v. State whereby he dismissed the criminal appeal of all the five accused revisionists and upheld their conviction for the offences under Sections 147, 452 and 323/149, I. P. C. and their sentence of 3 months R. I. for the offence under Section 147, I. P. C. each; 6 months R. I. each for the offence under Section 452, I. P. C. and fine of Rs. 100. 00 each and 6 months R. I. each for the offence under Sections 323/149, I. P. C. In default of payment of fine, each revisionist was ordered to further undergo two months R. I. as awarded by Sri K. V. Singh, the then Munsif Magistrate VIII, Bulandshahr on 26-3-1983 in Criminal Case No. 1087/156 of 1980, State v. Chhotan Giri and others. ( 2 ) THE incident related to 6th Nov. , 1979. There were two victims in the occurrence, namely, Kripa Shanker and Smt. Vidyawati. Smt. Vidyawati is alive and Kripa Shanker is now dead. ( 3 ) IN this revision, a compromise application was filed on 7/04/1997 before this Court by all the accused-revisionists and also by Smt. Vidyawati, one of the victims, stipulating that other victim Kripa Shanker had died on 20-11-1988. The said compromise was sent to the Chief Judicial Magistrate, Bulandshahr for verification and it had been verified before him and has been received back after due verification. ( 4 ) SO far as the offence under Sections 323/149, I. P. C. is concerned against all the accused-revisionists, it has been lawfully compounded and, therefore, all of them have become entitled to acquittal for the same. However, regarding the offences under Sections 147, and 452, I. P. C. , the legal position is that these offences cannot be compounded by the parties even with the permission of the Court.
However, regarding the offences under Sections 147, and 452, I. P. C. , the legal position is that these offences cannot be compounded by the parties even with the permission of the Court. In regard to these offences, the learned counsel for the accused-revisionists, has made a submission that in the light of the circumstances that the occurrence took place on 6-11-1979; that the accused-revisionists, were on bail from this Court vide bail order dated 13-1-1984 and further they had remained in custody as convicts, at least for a period of six days after the dismissal of their appeal by the lower appellate Court and further the fact that the parties have come to term with each other and jointly moved an application for compromise which had been duly verified, the sentences of all the accused-revisionists, for both these offences may be reduced to the sentence of imprisonment already undergone. The learned counsel for the accused-revisionists, has stated that the fine imposed in this case had been deposited by each accused-revisionist in Court and that is how they were directed to be released on bail in pursuance ( 5 ) FOR the reasons aforesaid, the revision is partly allowed. The conviction of all the accused-revisionists, namely, Chhotan Giri, Moti Giri, Murari Giri, Babu Lal and Vinod for the offence under Sections 323/149,. I. P. C. is set aside and they are acquitted of the same in view of the fact that the said offence has lawfully been compounded by the parties. In regard, to the offences, under Sections 147 and 452, I. P. C. , the conviction of each of accused-revisionists, as upheld by the lower appellate Court in its judgment dated 11-1-1984, is maintained. However, the sentence of imprisonment in the case of each accused-revisionists, is reduced to the period of imprisonment already undergone by each one of them after the dismissal of their appeal by the lower appellate Court. The amount of fine has already been deposited. It is ordered that the conviction of all the accused-revisionists, for the offences under Sections 147 and 452, I. P. C. shall not adversely affect their service career in the respective Government departments in which they are employed. ( 6 ) THE accused-revisionists, are on bail. Their need not surrender to it. Their bail bonds are cancelled and sureties are discharged.
( 6 ) THE accused-revisionists, are on bail. Their need not surrender to it. Their bail bonds are cancelled and sureties are discharged. ( 7 ) LET a copy of this judgment be sent to the learned Sessions Judge, Bulandshahr for information. ( 8 ) LET a certified copy of this judgment be issued to the learned counsel for the accused-revisionists, within a week from today on payment of the usual copying charges. Order accordingly. .