TETAN MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioners in this caso have been convicted for offences under sections 452 and 147 of the Indian Penal Code and each of them has been sentenced to undergo rigorous imprisonment for six months under each section which, imprisonment have been ordered to run concurrently. They have also been sentenced to pay a fine of Rs. 250/-each under section 452 of the Indian Penal Code, in default, to undergo rigorous imprisonment for one month each.

(2.) A petition has been filed jointly by the informant as well as the petitioners to the effect that the parties have settled their disputes and all their ill- will and differences have been removed and on this it is prayed that since the sections are not compoundable, in view of pronouncement of the Supreme Court in this regard, the question of reducing the sentence may be considered.

(3.) The prosecution case is that on 16/6/1969 at about 1.30 in he night all the petitioners armed with lathi etc. came to the house of the informant Bachu Mandal where he was sleeping on the verandah inside the house. The petitioners entered the angen and they wanted to drag away the informant's daughter Shyama Devi. On resistence injuries were caused and several articles worth about Rs. 3000.00 were stolen. The motive is said to be the existence of ill-feelings between the petitioner Uttimlal who was married to Shyama Devi and the family of the informant. It is said that Shyama Devi had obtained a decree of divorce which had caused annoyance to Uttimlal on the basis of this occurrence the petitioners were convicted and their appeal dismissed.