MUKESH KUMAR AND ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Leave granted.

(2.) This appeal arises out of an order dated 11.10.2011 passed by a Single Bench of the High Court of Judicature for Rajasthan at Jaipur, whereby Criminal Revision No. 741 of 2008 filed by the Appellants has been partly allowed their conviction for offences punishable under Sections 323, 459 - and 459/34 Indian Penal Code set aside but their conviction for offences punishable under Sections 324 and 326 both read with Section 34 of the Indian Penal Code and the sentence of five years rigorous imprisonment awarded to the Appellants affirmed,

(3.) When the matter came up before us on 21.8.2012, Mr. Bhagwati Prasad, senior advocate, appearing for the Appellants drew our attention to an application filed by the Appellants seeking permission to place on record additional documents according to which the victim of the offences allegedly committed by the Appellants had entered into a compromise/settlement with the Appellants whereby all the disputes between them stood settled amicably including the case at hand. This Court further noticed that the victim Smt. Sangeeta was not a party to these proceedings nor had anyone appeared on her behalf to support the averments made in the alleged compromise deed. In the -circumstances, it became necessary to direct that the genuineness of the compromise/settlement referred to in the application filed by the Appellants be verified by the trial court and a report submitted to this Court. This Court further directed that the trial court shall ensure that the victim is properly identified and her statement regarding the settlement recorded.