CHANDRA BHUSAN DUBEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE two appellants have been convicted under Sections 307, 452 and 324 of the Penal Code with seven years, three years and one year's rigorous imprisonment respectively.

(2.) THE date of occurrence as alleged was about 2 p.m. on 1-10-1901, and the place, the residential house of Sri Baleshwar Singh (P. W. 1) jointly occupied by his brother Sri Sureshwar Singh (P. W. 7) in Mahabir Tola of Arrah town. P. W. 1 was a Professor in Geology and P. W. 7 a Demonstrator in Botany in Manama College at Arrah, Appellant Chandra Bhusan Dubey had before the date of the occurrence passed out I. Sc. and Ramratan Prasad was an ex-student of the same college.

(3.) IT appears that during the pendency of the case before the trial Judge, who was an Assistant Sessions Judge, a petition signed by the two appellants and the two injured persons. Professor Baleshwar Singh and Demonstrator Sureshwar Singh, and their respective lawyers, was filed on 30-7-1962 compounding the offence with a view to restoring good relation-ship between the parties and further stating therein that the offences actually committed were under Sections 323 and 324 of the Indian Penal Code. The trial court, however, did not accept the compromise holding that the offences committed being under Sections 307 and 452, they were not compoundable.