MADHUKAR SADASHIVE MINGNIVE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant in this appeal has been convicted by the learned Additional Sessions Judge of Nasik for an offence punishable under section 324 of the Indian Penal Code. That was done in Sessions Case No. 107 of 1975 which ended on 5th February, 1976. Though originally the accused was charged with an offence punishable under section 307 of the Indian Penal Code on the ground that he attempted to commit the murder of one Ratan Sahadrao Garkal the learned trial Judge on the evidence led before him came to the conclusion that the offence which was proved was one under section 324 of the Indian Penal Code. THE evidence of the doctor who has been examined on behalf of the prosecution as (P.W. 7) Dilip Purushottam Wad shows that the injury which was suffered by Ratan Sahadrao Garkal was a simple injury having a measurement of 5 cms x 2 cms x muscle deep. Before me an application has been presented by Mr. V.S. Kotwal who appears for the appellant and which has been supported by Mr. Chitnis who appears for the original complainant viz. Ratan Sahadrao Garkal for permission to compound the offence. I do not see why this permission should not be granted considering the fact that the injury which was inflicted upon Ratan was simply injury as the prosecution evidence itself shows. I have also been informed that both the persons live in the same locality and were otherwise not on inimical terms before this incident. Accordingly in exercise of the powers under section 320(5) of the Criminal Procedure Code I grant permission to the parties to compound this offence. THE accused is accordingly acquitted. THE bail bond of the accused stands cancelled.