LAWS(PAT)-2002-9-106

SHANKAR SHARMA Vs. STATE OF BIHAR

Decided On September 24, 2002
SHANKAR SHARMA Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) THIS revision is directed against the judgment dated 18.12.1995, passed by the Judicial Magistrate, 1st class, Khagaria in GR case No. 1150 of 1994 Tr. No. 334 of 1995.

(2.) THIS revision petition has been filed by one Shankar Sharma who claims to be one of the injured along with the informant of the case Mangan Prasad Sharma, it has been submitted by the revisionist's lawyer that the trial Court acquitted the accused persons of the case on the basis of the compromise petition as also on the basis of the sole evidence of the informant. The trial Court also wrongly referred to the sections of the Penal Code in which charge-sheet was submitted by the police and in which cognizance was taken by the CJM. The offences under Sections 147, 148 and 149 were not compoundable. The revisionist had not entered in compromise although an order of acquittal was recorded on the basis of the compromise.