PRATAPSING BHIMSING PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Mr. K. P. Raval, learned Addl. Public Prosecutor, waives service of Rule on behalf of the respondent.

(2.) The petitioner, who is the original accused in Sessions Case No. 114 of 1986 of the Sessions Court, Bharuch, and at present the appellant of Criminal Appeal No. 115 of 1988, pending in this Court, has prayed for necessary permission under S.320(5) of the Code of Criminal Procedure to compound the offence, as provided in S.320(4)(b) of the Code, as the same is in the interest of the parties.

(3.) The petitioner-accused was tried for the offence punishable under S.302 of the Indian Penal Code in the aforesaid Sessions Case by the Court of the Addl. Sessions Judge at Bharuch. The prosecution case is that the incident took place on March 17, 1986 between 2-00 to 3-00 p.m. in the sim of village Vedach and in the said incident, the deceased, Jatashankar Ravishankar, was alleged to be given stick blows by the accused. It is the further case of the prosecution that the stick blows were inflicted on shoulders and back portion as well as on the thigh of the deceased Jatashankar. It transpires from the record that the deceased was not taken for any medical treatment, after the said beating. Nor any complaint was lodged with regard to the said incident. The accused was the teacher in the village at the relevant time. The prosecution case is that after about 3 to 4 days since the occurrence of the incident, the condition of deceased Jatashankar became serious and hence he was taken to Vedach Police Station and eventually the complaint was lodged on 21/03/1986 for the offence under S.323 of the Indian Penal Code. Thereafter, deceased Jatashankar was taken to Referal Hospital, Jambusar, for treatment where he succumbed to the injuries in the evening of 21/03/1986. Post-mortem examination was conducted wherein it was found that there were four injuries of wheel marks. On internal examination, it was revealed that there was Pneumothorax due to laceration of lung.