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2011 DIGILAW 1620 (PAT)

Nand Kumar Thakur v. State Of Bihar

2011-08-03

GOPAL PRASAD

body2011
JUDGEMENT Gopal Prasad, J. 1. On repeated calls no one appears on behalf of the appellant. 2. Mrs. Rina Sinha, Advocate appears and prays that she may be permitted to appear in this case as Amicus Curiae. 3. Prayer is allowed. 4. Learned counsel for the appellant submits that appellant has been convicted under Section 323 and 324 of the Indian Penal Code as well as Section 27 of the Arms Act. However, Doctor and I.O. have not been examined and a compromise petition has been filed which 2 is marked as Ext. 1/1 as well as P.W. 1 has stated that they have compromised and has also signed on sulahnama. 5. Having regard to the facts that parties are compromised and Section 323 and 324 of I.P.C. are compoundable and hence offence is compounded. Hence, order of conviction and sentence recorded by the lower court is hereby set aside and the appeal is allowed in view of compromise arrived in between the parties.