MOHAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner Mohan Singh was prosecuted under Section 326 IPC and ultimately convicted by the Trial Magistrate and sentenced to one year RI and fine Rs. 1000/- vide judgment dated 29-3-1985.

(2.) AGAINST his conviction and sentences, he preferred an appeal which was Pending for disposal in the Court of Additional District & Sessions, Judge, Jaipur District, Jaipur (Camp Sambhar Lake ). Before the Appellate Court, an application was moved which was signed by the accused petitioner Mohan Singh and the complainant Gulab Singh, with a prayer to grant permission to compound the offence of 326 IPC under which the petitioner Mohan Singh was convicted by the Trial Magistrate. The application was rejected by the learned Additional Sessions Judge on February 8, 1991 on the ground that the offence under Section 326 IPC is not compoundable as such, no permission to compound the said offence can be granted.

(3.) THE aforesaid sub-section (9) makes it clear that the court has power only to allow composition of offence which are provided in Section 320 Cr. P. C. and except those offences, no other offence can be compounded. This Sub-section creates a complete bar on the powers of the Courts also.