LAXMI NARAYAN Vs. SATATE OF RAJASTHAN

JUDGEMENT

(1.) Petitioners have preferred this misc petition praying therein that the compromise may be attested and the petitioners be acquitted for offence under Ss. 326 and 326/34 of IPC.

(2.) It is contended by counsel for the accused-petitioners that there was a cross FIR filed way back in October, 2000. In cross FIR, compromise was arrived at and the proceedings were dropped. In the present FIR also, compromise arrived at between the parties and the same was produced before the Court below and Court has compounded the offence under Sec. 323, 341 and 323/34 is of IPC, but as the offence under Ss. 326 and 326/34IPC were non-compoundable, the same were not compounded. The Trial Court has convicted the present appellants. It is also contended that the appeal against the said judgement and sentence is pending before the Additional Sessions Judge No. 1, Hindaun City, District Karauli (Raj.)

(3.) Counsel for the petitioner has placed reliance on Ramgopal and Anr. Vs The State of Madhya Pradesh, Criminal Appeal No.1489/2012 which was decided by the Apex Court.