KUNDAN SINGH Vs. STATE

JUDGEMENT

(1.) THIS appeal preferred u/s 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Cr.P.C.) is directed against the judgment and order dated 4th October 1989 passed by the learned Sessions Judge, Tehri Garhwal in Sessions Trial No. 23 of 1988 State vs. Kundan Singh, whereby the learned Sessions Judge has convicted the accused/ appellant Kundan Singh for the offence punishable u/s 324 I.P.C. and sentenced him to undergo one year's rigorous imprisonment and a fine to the tune of Rs. 250/ -, in default of payment of fine rigorous imprisonment for a period of 3 months u/s 324 I.P.C was awarded. It is directed that out of the amount of the fine so realized, a sum of Rs. 100/ - shall be paid to Jas Ram Badoni, by was of compensation. Sri Lokendra Dobhal, learned counsel for the accused/appellant, Sri L.K. Tewari, learned counsel for the Smt. Prabha Devi W/o Jas Ram Badhoni (injured) and Sri M.A. Khan, learned Brief Holder for the State are present.

(2.) BOTH , Smt. Prabha Devi W/o late Sri Jasram Badoni, resident of village Jaul, Patti Bamund, Police Station Chamba, District Tehri Garhwal, who is identified by Sri L.K. Tewari, Advocate and the accused/appellant Kundan Singh who is identified by Sri Lokendra Dobhal, Advocate, have jointly moved application no. 248/2008 u/s 320 (2) Cr.P.C. seeking permission of the Court to file compromise arrived at in between the accused/appellant Kundan Singh and Smt. Prabha Devi W/o of the injured Jas Ram Badoni. In the accompanying affidavits filed by the accused Kundan Singh and one filed by Smt. Prabha Devi, they have stated that the parties have entered into a compromise and they have settled their dispute outside the Court and now they are living peacefully in their respective villages.

(3.) I have heard learned counsel for the parties and have gone through the record.