Criminal Appeal (SJ) No.142 of 1998
Against the judgment and order of conviction dated
06. 03. 1998 and order of sentence dated 09. 03. 1998
passed by Shri Amaresh Kumar Lal, 5th Additional
Sessions Judge, Bhojpur, Ara, in Sessions Trial
No. 228 of 1989.
Nand Kumar Thakur, son of Sigashan Thakur,
Resident of Village- Karath, P.S. Tarari, District-
Bhojpur.
.... .... Appellant.
Versus
The State Of Bihar
.... .... Respondent.
For the Appellant. : Mrs. Rina Sinha, Amicus Curiae.
For the Respondent
State : Mr. Parmeshwar Mehta, A.P.P.
PRESENT
THE HON’BLE MR. JUSTICE GOPAL PRASAD
Gopal Prasad, J. On repeated calls no one appears on behalf of the
appellant.
2. Mrs. Rina Sinha, Advocate appears and prays
that she may be permitted to appear in this case as Amicus
Curiae.
3. Prayer is allowed.
4. Learned counsel for the appellant submits that
appellant has been convicted under Section 323 and 324
of the Indian Penal Code as well as Section 27 of the
Arms Act. However, Doctor and I.O. have not been
examined and a compromise petition has been filed which
2
is marked as Ext. 1/1 as well as P.W. 1 has stated that they
have compromised and has also signed on sulahnama.
5. Having regard to the facts that parties are
compromised and Section 323 and 324 of I.P.C. are
compoundable and hence offence is compounded. Hence,
order of conviction and sentence recorded by the lower
court is hereby set aside and the appeal is allowed in view
of compromise arrived in between the parties.
Patna High Court, ( Gopal Prasad, J.)
The 3rd August, 2011.
NAFR/m.p.