PRAN SINGH Vs. STATE OF M P

JUDGEMENT

(1.) INITIALLY , the petitioners were prosecuted by trial Court for offence under section 148, 323 and 326 read with section 149 of IPC but because of compromise between the parties, they were convicted only for offence under section 148 and 326 read with section 149 of IPC. However, in appeal, learned appellate Court by the impugned order modified the conviction from section 148 or 147 of IPC as regards petitioners No. 2 to 5 only but maintained sentence as awarded by trial Court.

(2.) COMPLAINANT Mahendra Singh (PW 1) has admitted in his cross - examination that they were also prosecuted in connection with causing hurt to accused Bundel Singh, Rambabu, Suresh, Mukesh and Awdhesh. A certified copy of judgment dated 21.8.1998 passed in Cr. Appeal No. 168/97 of 1st Addl. Judge to Sessions Judge, Guna, indicates complainant along with Suresh, Bhanwar Singh, Sessions, Srilal, Raghuvir Singh, Gajju, Govinda, Aziz Khan and Ghanshyam were prosecuted under section 148,506 and 323 read with section 149 of IPC. However, because of compromise between the parties, they were convicted only under section 323 of IPC and sentenced with fine of Rs. 500/ - each.

(3.) IN so far as sentence is concerned, learned counsel for petitioner Pran Singh, relies upon a decision of this Court in the case of Ishaq v. State of M.P. reported in 1997 Volume 2 CrLJ (M.P.) 429, wherein the case of compromise, it was thought fit to reduce sentence to the extent of fine only.