RAM ASREY Vs. STATE OF U P

JUDGEMENT

(1.) Against three persons namely Ram Asrey -- the present revisionist, Hikmat Ullah and Pyare, a charge sheet was submitted for offences under Sections 354 and 225 of the Penal Code. The case came up for disposal before Mr. C. L. Verma, Munsif Magistrate, Banda. The learned Magistrate found Ram Asrey guilty on a charge under Section 354, I.P.C. and Hikmat Ullah and Pyare each guilty on a charge under Section 225, IPC. Pyare was found to be an old man of 55 or 60 years of age and was found to be unable to see. Hikmat Ullah was the son of Pyare. Pyare was sentenced to six months' rigorous imprisonment and Hikmat Ullah to one year's rigorous imprisonment under Section 225, I.P.C. Ram Asrey was sentenced to one year's rigorous imprisonment under Section 354, I.P.C.

(2.) Criminal Appeal No. 18 of 1988 was filed against his conviction and sentence by Ram Asrey and it came up for disposal before Mr. S. K. Gupta, the then Sessions Judge of Banda. He dismissed the appeal and upheld the conviction and sentence passed against Ram Asrey. Against this order, the present revision has been filed on behalf of Ram Asrey.

(3.) This Court admitted the revision only on the point of sentence. During the pendency of the revision. Ram Asrey entered into a compromise with Smt. Phool Mati wife of Chunnoo in respect of whom the charge under Section 354, I.P.C. was framed and found proved. Chunno also signed the application for permission to enter into compromise and in para 2 of the, affidavit filed in support of this petition, the terms of the compromise were noted down. It was mentioned that Ram Asrey had paid sufficient monetary compensation to Smt. Phoolmati who had now no grievance whatsoever and was keen to see that Ram Asrey is acquitted and his future career as a government servant does not suffer on account of this case. The compromise petition along with affidavit was sent down to the Chief Judicial Magistrate of Banda for verification. He has returned it along with the order sheet of his Court, on which the verification has been made. The compromise has been verified by Ram Asrey in person and by Chunnoo and Smt. Phoolmati who have been identified by their counsel. It is now contended that in terms of this compromise, the revision should be allowed and the conviction and sentence of the revisionist be set aside.