PRABHAT DAS & ORS. Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Respondent No.2, Anil Das, set the criminal law in motion lodging an FIR with the Officer-in-Charge of Kailashahar P.S. on 23.02.2009 alleging inter alia that on 21.02.2009 at about 09-00/09-30 p.m., the petitioners here-in, trespassed in his house, armed with lathi etc. and beaten up respondent Nos.2 to 6 inflicting severe injuries. The FIR was registered as Kailashahar P.S. case No.39 of 2009 under Sections 448/326 read with Section 34 of IPC. Police investigated upon the offence alleged and submitted charge sheet against the petitioners, herein, for commission of offence punishable under Sections 448/323/324/326 read with Section 34 of IPC. Cognizance was taken on the basis of police report and the case was renumbered as GR 72 of 2009. Trial was taken up in the court of Chief Judicial Magistrate, North Tripura, Kailashahar for the offence alleged and on conclusion of trial, by judgment dated 04.07.2012, learned Chief Judicial Magistrate held the accusedpetitioners guilty of committing offence punishable under Sections 447 and 326 read with Section 34 of IPC and sentenced them under Section 447 read with Section 34 of IPC to pay a fine of Rs.500/- each in default of payment to suffer S.I. for 15 days. Further, under Section 326 read with Section 34 of IPC , learned Chief Judicial Magistrate sentenced them to suffer R.I. for 3(three) years and to pay a fine of Rs.1000/- each in default of payment of fine, to suffer S.I. for one month.

(2.) Heard learned counsel Mr. Anupam Pal for the convict-petitioners, learned P.P., for the State respondent and learned Advocate, Mr. Samarjit Bhattacharjee, for the respondent Nos. 2 to 6.

(3.) The only question posed for decision of this Court is whether the prayer for permission to compound the offence under Section 324 of IPC, as prayed for, is entertainable or not, after coming into force of the Code of Criminal Procedure(Amendment Act)2005, (Act 25 of 2005) which came into force w.e.f. 31.12.2009.