SRIRAM SINGH Vs. STATE OF U P

JUDGEMENT

(1.) M. C. Agarwal, J. This is an appeal by appellants Shriram Singh and his son Ajai Kumar against the judgment and or der dated 8-9-1979 passed by the III Addi tional Sessions Judge, Nainital whereby they were convicted for offences under Sections 324, 324/34, 326 and 326/34, IPC for causing hurt to Bhumahesh Chandra and Smt. Bhagwati Devi and were sentenced to undergo rigorous imprisonment for a period of two years each under Sec tion 324, IPC two years rigorous impris onment under Section 324/34, IPC and three and a half years rigorous imprison ment for each of the offences under Sec tions 326 and 326/34, IPC. All the sen tences have been ordered to run concur rently.

(2.) DURING the pendency of this appeal the parties entered into a compromise which has been filed vide application No. 32325 of 1995 dated 13-7-1995 annexing therewith the affidavits of the victims Bhumahesh Chandra and Smt. Bhagwati Devi which were sent to the Chief Judicial Magistrate, Nainital for verifica tion and have been received after verifica tion. According to the affidavits the parties have developed good relations and want that Ajai Kumar appellant be acquitted. So far as the appellant Shriram is concerned he has died. The affidavits also state that most of the injuries were caused by appel lant Shriram deceased. The appeal of Shri ram has, therefore, abated.

(3.) IN view of the compromise, the de sire of the victims and other circumstances of the case the appellant's appeal against conviction under Section 326, IPC de serves to be partly allowed so as to reduce the sentence awarded to him to period al ready undergone.