BABU RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The learned Judicial Magistrate 1st Class, Court No.1, Sundernagar, District Mandi, pronounced an order of conviction upon the revisionist herein qua commission of offences punishable under Sections 447, 427, 504 and 506 IPC. In an appeal preferred therefrom by the accused before the learned Additional Sessions Judge, Mandi, sequelled the latter affirming the pronouncement recorded upon the accused by the Judicial Magistrate 1st Class, Court No.1, Sundernagar, District Mandi. The accused/convict standing aggrieved by the concurrently recorded renditions of both the Courts below proceeded to assail them by preferring a Revision herebefore.

(2.) During the pendency of the revision before this Court the learned counsel for the accused/convict revisionist herein, has instituted an application under Section 482 read with Section 320 Cr.P.C. whereby he seeks permission of this Court for compounding the offences committed by him under Sections 447, 427, 504 and 506 IPC and has also tendered a compromise deed bearing Ext.A-1 executed inter se the petitioner/accused and the legal heir of the complainant. The learned counsel for the revisionist submits that since the complainant in the instant case has since died yet with the provisions engrafted in Section 320 4(b) of the Cr.P.C bestowing upon his legal heir(s) whom he states at the bar to be his widow qua hers thereupon holding the statutory competence to compound the relevant offences. The relevant provisions of Section 320 4(b) of the Cr.P.C stand extracted hereinafter:-

(3.) The statements on oath of the legal heir of the complainant Smt. Geeta Devi besides also of the accused stand duly reduced into writing and also stand signatured/thumb marked by each of them wherein they communicate qua Ext.A-1 holding their respective signatures/thumb marking, signatures/thumb marks whereof stand testified by them to exist respectively therein in blue circles at Marks-A and B.