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Judgment
8 paragraphs · 371 wordsJ.C. Mishra, J.—This appeal has been filed against the judgment and order, dated 2721980 passed in Sessions Trial No. 38 of 1979 by IV Additional District & Sessions Judge, Varanasi convicting the appellants under Sections 147, 148, 325/149, 324/149 and 325/149, IPC and sentenced to imprisonment for different offences and also to fine.
The accused persons and injured Subedar and (sic) filed compromise which was sent to the Chief Judicial Magistrate, Varanasi for verification. The Chief Judicial Magistrate, Varanasi has submitted report that the parties appeared before him and they have filed the compromise. The concerned Chief Judicial Magistrate has recorded the statements of the parties. In the statement of Musafir S/o Jarawan he has stated that his father has died 12/13 years before and he has entered into the compromise with free will.
The offence under Sections 324 and 325, IPC are compoundable offences with the permission of the Court. The offence under Section 323, IPC is compoundable without the permission of the Court.
The offence under Sections 147 and 148, IPC are not compoundable.
Heard learned Counsel for the petitioner Sri Tapan Ghose and the learned A.G. A.
The learned Counsel for the appellants is now challenging the conviction under Sections 147 and 148, IPC. His submission is that since the parties have come to terms to settle the dispute outside the Court it would not be proper to send them again in jail; more so, for maintaining harmonial relations between them.
On consideration of entire facts and circumstances of the case I am of the view that permission may be granted to the parties to compound the offence under Sections 325 and 324, IPC and further in the circumstances of the case, the sentenced undergone by the appellants under Sections 147 and 148, IPC would meet the ends of justice.
The appeal is disposed of in the aforesaid terms. The appellants are acquitted under Sections 323/149, 324/149 and 325/149, IPC while their conviction under Sections 147 and 148, IPC as awarded by the Court below is maintained. Their sentence is altered to sentence of imprisonment already undergone. The appellants arc on bail. Their bail bonds are cancelled and sureties stand discharged.