RAMAI Vs. STATE

JUDGEMENT

(1.) This purports to be an application under Section 345 (5A), Criminal P. C.

(2.) Six persons were convicted by a Magistrate 1st Class of Gorakhpur of offences punishable under Sections 147, 323 and 447, I. P. C. They preferred an appeal which was heard by the learned Additional Sessions Judge of Gorakhpur. He set aside the conviction under Section 447, I. P. C. but maintained the convictions under the remaining two sections. Thereafter a revision was preferred to this Court which was rejected.

(3.) An application has now been presented jointly on behalf of the complainant and the convicted persons praying that the offence under Section 323, I. P. C. may be permitted to be compounded. No such request is made in respect of the offence under Section 147, I. P. C. for the obvious reason that that offence is not compoundable. Sub-section (5A) of Section 345, Cr. P. C. lays down that: