SHABBIR KHAN Vs. MOHD ISMAIL KHAN

JUDGEMENT

(1.) THE main question to be considered by a learned single Judge of this Court was whether the offences punishable under Sections 325 and 323. both read with Section 149 I. P. C. , could have been allowed to be compounded by the learned Sessions Judge, who had heard the appeal against conviction.

(2.) AN offence punishable under Section 323 I. P. C. is compoundable, while an offence punishable under Section 325 I. P. C. is compoundable with the permission of the Court (vide section 345 Cr. P. C. ). The question for consideration is whether offences punishable under Sections 325/149 and 323/149 I. P. C. would be compoundable in the like manner.

(3.) ACCORDING to the view taken by a Division Bench of this Court in the case of State of U. P. v. Chandrapal Singh 1968 Cri LJ 1342 (All ). Section 149 I. P. C. creates vicarious liability but does not create a distinct offence, and, therefore, an offence punishable under Section 323/149 I. P. C. is compoundable in the same manner as an offence punishable under Section 323 I. P. C. simpliciter. The learned single Judge doubted the correctness of this decision because it has been held by the Supreme Court in a series of decisions that Section 149 I. P. C. creates a distinct offence and therefore, a person charged for an offence under Section 302/149 I. P. C. cannot be convicted under section 302 I. P. C. simpliciter if for one reason or another it is held that he was not a member of an unlawful assembly. He, therefore, ordered that the record be placed before the Hon'ble the Chief Justice for constituting a Full Bench to consider whether this point was correctly decided in the case of 1968 Cri LJ 1342 (All) (supra) The Division Bench before whom the re vision application was listed next also endorsed the opinion of the learned single Judge. The question posed by the learned single Judge has. therefore, to be considered by this Full Bench.