JUDGEMENT
U.K. Varma, J. -
(1.)This is an appeal against judgment and order of Sri N.C. Sinha, Vth Addl. Sessions Judge, Deoria, dated 31.5.86, convicting Paras, Gorakh, Ram Nachhatra, Ra, Naval, Mohan, Ram Narain, Ravindra, Copal, Rajendra, Jagdish, Tej Narain, Lallan and Upendra, under Sections 147 and 323 read with Sec. 149, I.P.C. and sentencing each of them to undergo rigorous imprisonment for six months on the first count and six months on the second count also but directing both the sentences to run concurrently.
(2.)The appellants, aggrieved by this judgment, filed appeal. They in this court, submitted an application before Honourable B.L. Yadav, J for compounding the case with the complainant and the injured. This application under the direction of Honourable B.L. Yadav, J was sent to the Chief Judicial Magistrate Deoria, for verification of the compromise. The learned C.J.M. did verify the compromise as directed but respectfully pointed that the offences for which the appellants have been convicted are not shown to be compoundable in the Code of Criminal Procedure. In a Full Bench decision of this Court in Sabbir Khan Vs. Mohd. Ismail Khan 1972 A.L.J. (Vol. 70) Page 182 , it has been held that offence punishable under Sec. 323 read with Sec. 149, I.P.C. is not compoundable. The appeal as such cannot be decided on the basis of the compromise.
(3.)The counsel for the appellants submitted that one of the accused persons during trial had died and that he was responsible for the injuries inflicted during night hours and that the appellants had been roped in this case on mere suspicion and is the judgment and order were not set aside even though the complainant and the injured also had no objection, some of the appellants who were Government servants and had no hand in the crime in question would lose their job. The learned A.G.A. who had been asked to examine the file did not have any objection to the appeal being allowed in the circumstances of the case. There does appear justification for allowing the appeal.
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