SURJI Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioners were committed to the Court of Sessions in case FIR. No. 255/79 to face trial for the offences under Sections 307/324/323 Indian Penal Code read with Sections 147, 148; Indian Penal Code by the Chief Judicial Magistrate, Bhiwani vide his order dated 21-9-1981. It is this order which is challenged by way of this petition under Section 401 of the Criminal Procedure Code.

(2.) The case was registered against the petitioners under Sections 306/325/323/148/149 Indian Penal Code vide FIR. No. 225/1979 in Police Station City Bhiwani. The challan was out in against the petitioners under Sections 147, 148, 323, 324 and 326 Indian Penal Code and the case was adjourned for recording the prosecution evidence by the learned Magistrate.

(3.) On 12-3-1981 the learned Chief Judicial Magistrate recorded a compromise between the parties. The statement of the injured was recorded and on the basis of that, statement the petitioners were acquitted of the charges vides his judgment dated 12-3-1981. The order of acquittal is in the following terms: The complaint has been compounded for which permission has been granted to the complainant. The statement of the injured P.W. recorded and as such all the accused are acquitted.