GANGA RAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This revision has been filed against the judgment dtd. 7/9/2012 passed by the Second Additional Sessions Judge, Sakti, District Janjgir-Champa in Criminal Appeal No.07/2007 arising out of judgment and conviction dtd. 22/12/2006 passed by Additional Chief Judicial Magistrate, Sakti in Criminal Case No.1603/1997, whereby, the accused/applicants were convicted under Ss. 147, 148, 325 and 323 of the IPC, respectively. However, learned appellate Court has acquitted the accused/applicants of the charges under Ss. 325 and 323 of the IPC and convicted them under Sec. 148 of the IPC and sentenced each of them to pay fine of Rs.200.00, in default of payment of fine, additional simple imprisonment of 2 days.

(2.) Prosecution case, in short, is that on 20/5/1997 when complainant Shivprasad Chandra was going in his bullock cart through the field of accused Gangaram Chandra, present accused/applicants came there and started hurling filthy abuses on Shiv Prasad (PW-1), Manharan (PW-2) and Lacchuram (PW-3) and also committed Maar-peet with them.

(3.) After completion of investigation, charge-sheet has been filed and after evaluating the evidence on record, learned Magistrate, Sakti has convicted the accused/applicants under Sec. 147, 148, 325 and 323 of the IPC, respectively. However, during the pendency of appeal preferred by the accused/applicants, the injured persons/complainant have filed an application to compound the offence on the basis of compromise. Considering the said application, learned appellate Court has compounded the offences under Sec. 323 and 325 of the IPC by observing that the incident took place in the year 1997 and offences under Ss. 147 and 148 of the IPC was not compoundable in nature during the said period. Further, since sentence prescribed under Sec. 147 of the IPC is lesser, learned appellate Court has finally convicted the accused/applicants under Sec. 148 of the IPC only and sentenced them to pay fine of Rs.200.00.