RAJ KUMAR AND ORS. Vs. STATE

JUDGEMENT

(1.) Cri. M.A. 5022/2015.

(2.) APPELLANTS have been convicted for the offence under Sections 325/34 IPC by the trial court vide judgment impugned in this appeal. Appellant No. 1 has been sentenced to undergo rigorous imprisonment for three years with fine of Rs. 15,000/ - and in default of payment of fine to undergo rigorous imprisonment for six months; appellant Nos. 2 and 3 have been sentenced to undergo rigorous imprisonment for two years with fine of Rs. 10,000/ - and in default of payment of fine to undergo rigorous imprisonment for six months. Offence under Section 325 IPC is compoundable with the permission of court before which any prosecution of offence is pending. Sub -section 5 of Section 320 of the Code of Criminal Procedure, 1973 (Cr.P.C.) stipulates that when the accused has been committed for trial or when he has been convicted and an appeal is pending, no composition for the offence shall be allowed without the leave of the Court to which he is committed, or, as the case may be, before which the appeal is to be heard. Accordingly, in view of Sub Section 5 of Section 320 Cr.P.C. the offence under Section 325 IPC can be compounded with the permission of Court.