CRIMINAL APPEAL No.365 OF 1993 (SJ) *** Against the judgment & order dated 1st Decembert, 1993, passed by the 2nd Additional Sessions Judge, Begusarai, in Sessions Case No. 301 of 1986. *** 1. Udit Singh son of Moti Singh, (Dead) 2. Shyam Singh son of Udit Singh, 3. Laxmi Singh son of Moti Singh, (Dead) 4. Maheshwar Singh son of Laxmi Singh, 5. Gangotri Singh son of Ramautar Singh, 6. Anil Singh son of Gangotri Singh, 7. Ashok Singh son of Gangotri Singh, 8. Parmanand Singh son of Janardan Singh, (Dead) 9. Shashibhushan Singh son of Janardan Singh, 10. Devendra Singh son of Janardan Singh, 11. Sitaram Singh son of Janardan Singh, 12. Sri Ram Singh son of Ram Sujan Singh, 13. Mani Ram Singh son of Shiv Sagar Singh, 14. Shiv Sagar Singh son of Saryug Singh, (Dead) 15. Hari Narain Singh son of Anup Singh, 16. Ajay Singh son of Ram Nandan Singh, & 17. Ram Naresh Singh son of Laxmi Singh All resident of village- Brindawan, P.S. Naokothi, District- Begusarai …Appellants Versus The State of Bihar ... … … Respondent *** For the appellants : Mr. Suraj Narain Prasad Sinha, Sr. Advocate with Mrs. Indu Kumari Sinha, Advocate. For the informant : Ms. Mira Kumari, Advocate. For the State : Mr. S. N. Prasad, A. P. P. *** P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH *** Anjana Prakash, J. The present appeal was filed on behalf of seventeen appellants but during pendency of the appeal, appellant no.1. (Udit Singh), 3. (Laxmi Singh), 8. Parmanand Singh and 14. (Shiv Sagar Singh) have died and, therefore, the appeal abates in their regard. - 2 - 2. Appellant no. 1, 5 and 12 have been convicted for the offence under section 307 of the Indian Penal Code and appellant no.1 has been sentenced to rigorous imprisonment for seven years, whereas, appellant nos. 5 and 12 have been sentenced to rigorous imprisonment for ten years. All the appellants have further been convicted under section 323 of the Indian Penal Code and sentenced to simple imprisonment for three months, appellant nos. 8 and 9 have been convicted for the offence under section 324 of the Indian Penal Code and sentenced to simple imprisonment for 1-1/2 years. Appellant nos. 1, 5, 7, 8 and 12 have been convicted for the offence under section 148 of the Indian Penal Code and sentenced to simple imprisonment for one year and rest have been convicted for the offence under section 147 of the Indian Penal Code and sentenced to simple imprisonment for six months. 3. The prosecution case, accordingly to the informant, is that on 15.8.1995, while the informant and others were standing in their fields, the accused persons variously armed came upon the land and variously assaulted them. After investigation, chargesheet was submitted under various sections and accused were put on trial. For the same occurrence, a counter case was also instituted by the accused persons in which the prosecution party was convicted and thereafter a Criminal Revision has been filed before this court. 4. During the penency of the appeal, good relations have been restored between the parties and a compromise has been arrived at on account of which a joint compromise petition along with the permission petition for according the same has been filed in the present appeal. No doubt, section 307 of the Indian Penal Code is not a compoundable offence but from the facts of the case it appears that it is not a case under section 307 of the Indian Penal Code and at best it would a case under sections 323, 324, 325 of the Indian Penal Code. Since all of them are compoundable in nature after due permission of the court, - 3 - this court accords necessary permission since no public policy is involved and it is a private dispute between the parties and it will be in the interest of the society that the case is given a decent burial restoring good relations between them. 5. In the result, the appeal is allowed and all the appellants are acquitted from the charges levelled against them. They are also discharged from the liabilities of their respective bail bonds. (Anjana Prakash, J.) Patna High Court, Patna. Dated the 23rd December, 2009 NAFR / JA/-