DALIP SINGH S/O TARA CHAND JAT R/O, JHARODA, AT PRESENT ASSTT. TEACHER, GOVT. HIGHER SECONDARY SCHOOL, UDAIPURWATI. Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) In this case the applicants Dalip Singh and Bajranglal were convicted under Sec. 342 Indian Penal Code by the learned Judicial Magistrate Khetri on a complaint filed by one . Ishwar Lal of village Singhana and they were sentenced to three months' rigorous imprisonment and a fine of Rs. 500.00 each and in default of payment of fine to further undergo rigorous imprisonment for a period of I # months. Both the applicants thereafter, filed an appeal in the Court of Sessions Judge, Jhunjhunu which was dismissed by his order dated Oct. 17, 1975. Thereafter, they filed a revision petition in this court which was admitted. During the pendency of the revision application a deed compromise was submitted which is signed by both the parties, namely the applicants Dalip Singh and Bajranglal and the complainant Ishwar Lal The deed of compromise has also been signed by one Ratanlal, who is alleged to have been kept in wrongful confinement. By its order dated April 27, 1976 this Court directed that the deed of compromise be sent to the learned Sessions Judge, Jhunjhunu for getting the same attested after satisfying himself about the identity of Ratanlal, the person alleged to have been wrongfully confined. Learned Sessions Judge, Jhunjhunu, has verified the deed of compromise after satisfying himself about the identity of the parties, including Ratanlal.

(2.) The offence committed by the applicants under Sec. 342 Indian Penal Code is compoundable and the only question before me is as to whether leave should be granted to the parties for the composition of the offence committed by the accused. I find that the applicant No. 1, was a teacher in a school in which Ratanlal was a student and it was in connection with some theft which had taken place that the applicant Dalip Singh probably desired to chastise Ratanlal. The matter was primarily between the teacher and taught, and it does not appear that Dalip Singh acted with any other intention except of finding out at to whether Ratanlal had committed the alleged theft. In the facts and circumstances of the case. I am satisfied that the leave for compounding the offence under section 342 I P.C. should be allowed to the applicants Dalip Singh and Bajranglal. The composition of the offence of both the applicants having been allowed, the conviction and sentence of the applicants Dalip Singh and Bajranglal are set aside and the aforesaid both applicants are directed to be acquitted of the offence under Sec. 342 Indian Penal Code The fine, if paid, shall be refunded to them.