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2003 DIGILAW 237 (CHH)

PHOOL SINGH v. STATE OF CHHATTISGARH

2003-11-17

K.H.N.KURANGA

body2003
K. H. N. KURANGA, CJ. ( 1 ) THIS appeal is posted for orders on M. Cr. P. No. 1682/2003, filed under Section 320 (2) (5) of Cr. P. C. for grant of leave and permission to compound the offence and M. Cr. P. No. 1683/2003, filed under Section 320 (8) of Cr. P. C. for passing consequential order of acquittal. ( 2 ) THE appellants namely Phool singh Sahu, S/c Kejau Sahu and Ram Singh Sahu, Sb Kejou sahu have been convicted by learned First Additional Sessions Judge, Mahasamund for commission of offence under Section 325 of I. P. C. by his judgment dated 25. 02. 2003 in s. T. No. 44/2002 and have been sentenced to undergo R. I. for three years and to pay a fine of rs. 1,000/-, in default of payment of fine to further undergo R. I. for three months. ( 3 ) THE application M. Cr. P. No. 1682/2003 has been filed by both, complainant Shkhiram sahu, Sb Mangiya and appellants namely Phool Singh Sahu and Ram Singh Sahu under Section 320 (2) (5) of Cr. P. C for grant of leave and permission to compound the offence. The application m. Cr. P. No. 1683/2003 has been filed under Section 320 (8) of Cr. P. C. for passing consequential order of acquittal. ( 4 ) IT is stated in the applications that the complainant and the accused/appellants are residing in the same village and they have settled the dispute amicably and they want to maintain good relations for the purpose of peace and harmony, hence they want to compro-mise the offence. ( 5 ) SHRI Arun Kochar, learned counsel appearing for the appellants/accused submitted that both the complainant and the appellants have signed these applications and they are present before the court. Shri Rakesh Chouhan, learned counsel for the complainant submitted that complainant Sukhram is also present before the Court and he has identified him. Shri Ashish Shukla, learned Panel Lawyer, for the State has no objection for allowing these applications and grant leave to com-plainant and the accused/appellant to compound the offence. Section 325 I. P. C. is compoundable with the permission of the Court according to the table under Section 320 (2) of Cr. Shri Ashish Shukla, learned Panel Lawyer, for the State has no objection for allowing these applications and grant leave to com-plainant and the accused/appellant to compound the offence. Section 325 I. P. C. is compoundable with the permission of the Court according to the table under Section 320 (2) of Cr. P. C. ( 6 ) FOR the reasons stated in the appellants, I am of the opinion that it is appropriate to grant leave to compound the offence. The complainant and the accused/appellants have stated that they have compounded the offence and it is recorded. Accordingly, the judgment dated 25/2/2003, passed by the First Addi. Sessions Judge, Manasamund, convi-cting the appellants under Section 325 of IPC is set aside. The accused-appe-Ilants are acquitted of the said charge. Accordingly, the appeal stands disposed of. Parties are entitled for certified copy of this order. Appeal disposed of. --- *** --- .