BADSAH KHAN Vs. STATE

JUDGEMENT

(1.) THIS revision is directed against the judgment of the learned Additional Sessions Judge, Muzaffarnagar, dated 13 -7 -1973 upholding the conviction of the applicant for the offence under Section 379 IPC.

(2.) ACCORDING to the case of the prosecution the complainant Ranjit Singh (PW 1) left his cycle at the gate of his house in the Gandhi Colony at about 2 P.M. on 13 -5 -1971 and went inside the house and when he came back from his house after two or three minutes, he found the applicant taking away the cycle. He raised an alarm and chased the accused. The applicant was thereafter caught with cycle. After investigation the applicant was prosecuted for the offence under Section 379 IPC.

(3.) COUNSEL appearing for the applicant urged that the complainant and the applicant filed an application for compromise before the Magistrate but that application was arbitrarily rejected by the Magistrate on unjustifiable grounds, therefore, the judgment of the Magistrate as well as that of the appellate Court are liable to be set aside. It appears that an application was filed by the parties on 12th July, 1972 before the Magistrate for compounding the case but this application was rejected with the following observations :