STATE Vs. JAYANNA AND ORS.

JUDGEMENT

(1.) The records disclose that Parashurampura police registered a case against the respondents herein (accused Nos.1 to 6) in Crime No.86/2008 and laid a charge sheet for the offences punishable under Sections 448, 354, 323, 326, 506 r/w Section 149 of Indian Penal Code. The same was numbered as C.C.No.172/2009. After examination of prosecution witnesses, at the stage of arguments, accused Nos.1 to 6 as well as the complainant filed applications under Sections 320(1) and 320(2) of Cr.P.C. seeking leave of the Court to compound the offences. The applications were opposed by the Public Prosecutor. However, by order dated 4.3.2013, the learned Magistrate allowed the applications and discharged the accused of the offences for which they were charge sheeted. The State challenged the said order before the Principal District and Sessions Judge at Chitradurga in Crl.R.P.No.35/2013 and by order dated 03.10.2013 the revision petition has been dismissed.

(2.) Learned Additional State Public Prosecutor appearing for the petitioner-State, at the outset, submitted that among other offences, the accused were charge sheeted for the offences under Section 326 of Indian Penal Code. The said offence was non-compoundable even with the permission of the Court. Under the said circumstance, trial Court had assumed jurisdiction which was not vested in it, resultantly, the impugned order is bad in law and is liable to be set aside.

(3.) I have perused the copies of applications filed before the trial Court under Sections 320(1) and 320(2) of Cr.P.C.