SANTOSH KUMAR Vs. STATE OF M P

JUDGEMENT

(1.) The appellants, having been found guilty of offences under sections 147, 323i 149 and 458, I.P.C. and sentenced to 3 months and one years R.I., respectively, on each count by judgment dated 27-5-1982, passed by the Special Judge. Damoh, in Special Criminal Case No. 43 of 1981, have preferred this appeal challenging their aforesaid conviction and sentence.

(2.) The prosecution case against the appellants was that on 2-10-1981 they trespassed into the house of complainant Jagdish (P.W. 1) and used force against him and his mother Indrani. It was also alleged that they threatened Indrani to kill and on that threat, took out a box containing ornaments and Rs. 1.000/. The report of the incident was lodged on 4-10-1981 (Ex. P-i), on the basis of which F.I.R. (Ex. P-2) was recorded at 8-30 p m. on that date. The learned Judge did not find any evidence of dacoity and acquitted them of offences relating to the same. The learned Judge, however, found that the appellants were guilty of entering into the house, breaking open the doors and causing injuries. That is how the appellants have been convicted and sentenced.

(3.) The complainant and the appellants have filed an application under section 320(5), Cr.P.C. seeking permission of the court to compound the offences. This application i.e. I A. No. 311/85, was take n on record on 8-2-1985 and directed to be considered at the time of final hearing of the appeal. Offences punishable under sections 147 and 458, I.P.C. are not compoundable and, therefore, this application cannot be allowed in respect of these offences. Offence under section 323, I P.C. is, however, compoundable and, therefore, this application may be allowed in respect of this offence. The learned counsel, however, submitted that the prosecution case in relation to sections 147 and 458. I.P.C. is prima facie not maintainable and, therefore, the compromise application may be considered only after considering their appeal in relation to these offences.