BABOOLAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Learned Sessions Judge, Sehore has passed the impugned judgment dated 18.5.1994 in S.T.No.270 of 1992 by which the appellant/accused has been convicted under Section 457 read with Section 511 and Section 325 of the Indian Penal Code and sentenced him to undergo R.I. of two years with fine of Rs.200/-, R.I. of two years with fine of Rs.500/- with default stipulation respectively.

(2.) Being aggrieved, the appellant/accused have preferred this appeal under Section 374(2) of the Code of Criminal Procedure.

(3.) It is undisputed that appellant/accused primarily tried by Judicial Magistrate First Class and at the defense stage, learned Magistrate found that offense under Section 459 of the I.P.C. is exclusively triable by the court of sessions. Therefore, he committed the case to the court of sessions vide committal order dated 30.9.1992. It is also undisputed that complainant, Jalam Singh died during pendency of this appeal and legal representatives of Jalam Singh and appellant/accused entered into a compromise and they filed a compromise petition along with the application for permission of compounding the offense before this court but the legal representatives of the deceased Jalam Singh could not appear before this Court for verification of the compromise, due to the reason best known to them.