RAMLAL SATNAMI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) IN a prosecution under sections 147, 307/149, 452, 325/149 and 323/149, Indian Penal Code, the appellants Ramlal, Chetram Shyamlal, Ashok and Bilwa @ Chowalal were found guilty and sentenced :

(2.) THE learned trial Court held that the appellants having formed an unlawful assembly and made preparations to cause hurts, committed trespass into the house of Kashinath (P. W. 2) and voluntarily caused grievous and simple hurts to Badri (P. W. 4), Deuti Bai (P. W. 3), Birjhia Bai (PW5), Prakash (P. W. 8) and Laxman (P. W. 9 ). The appellants and complainants viz. Badri, Deuti Bai, Birjhia Bai, Prakash and Laxman have applied for permission to compound the offence under section 325/149 and have also filed composition deed in respect of offence under section 323/149, Indian Penal Code.

(3.) ALL the appellants, so also the complainants Badri, Deuti Bai and Laxman appeared in the Court. These three complainants were questioned with reference to the facts on record and I am satisfied that all the three are complainants involved in the case. Badri stated that Birjhia Bai is his widowed mother. She could not come to the Court because of old age and illness. He however, confirmed that she compromised the offences with the appellants and put her thumb impressions on both the applications and the affidavit sworn by her before the Judicial Magistrate, First Class, Raipur. Deuti Bai confirmed her thumb impression on both the applications as also on her affidavit. She is the real sister of Badri. Laxman confirmed his thumb impressions on the applications so also on his affidavit. He further stated that complainant Prakash is his real brother and he put his thumb impressions on the application and the affidavit in his presence. Since he has left the village to earn his livelihood and his address is immediately not available, he could not come to the Court. Both parties reside in the same village and they have patched up their differences and are leading a peaceful and harmonious life. Therefore, the permission to compromise may be granted.