1 crap704.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CRIMINAL APPLICATION NO. 704 OF 2011 IN CRIMINAL APPEAL NO. 118 OF 1999 Digambar Bajirao Thakare ...Applicant VERSUS The State of Maharashtra & anr. ...Respondents ..... Shri A.B.Gatne, advocate for the applicant Shri V.G.Shelke, A.P.P. for respondent no.1 ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 14 th March, 2011 PER COURT : 1 Leave to add original complainant as party respondent no. 2 in the present application granted. 2 Heard learned counsel for the respective parties. 2 crap704.11 3 It is submitted that the applicant/appellant (original accused) was tried for the offence punishable under Section 307 of the Indian Penal Code and was convicted and sentenced by the judgment and order, dated 8.3.1999 in Sessions Case No. 156 of 1998 by the learned Sessions Judge, Ahmednagar. 4 Being aggrieved and dissatisfied by the said judgment and order, the applicant/appellant has preferred Criminal Appeal No. 118 of 1999, which has been admitted and same is pending for final hearing. 5 On the afore said background, learned counsel submitted that on the complaint of first informant, namely D.B.Dhuche i.e. respondent no.2 herein, criminal law was set into motion under first information report lodged on 22.6.1998 at Exh. 12, and compromise is being arrived at between the applicant/appellant and said respondent no.2 and joint purshis to that effect seeking leave to compound the offence has been filed in the appeal by them on 12.1.2011. 6 Both the learned counsel for the parties submitted that as the original complainant is not joined as party respondent to Criminal Appeal No. 118 of 1999, and therefore, technical difficulty may arise 3 crap704.11 while considering the request for compounding the offence, and hence, present application is filed seeking leave to add original complainant as party respondent in said Criminal Appeal. 7 Considering the contents of the afore said application, since respondent no.2 is the first informant i.e. original complainant and since there is possibility of compromise between the applicant/appellant and the said original complainant herein and since they have filed joint purshis seeking leave to compound the offence, present application is allowed in terms of prayer clause 'A' thereof and the applicant/appellant is permitted to implead original complainant as party respondent in Criminal Appeal No. 118 of 1999 as respondent no.2, within the period of two weeks and present application stands disposed of accordingly. (SHRIHARI P. DAVARE), JUDGE. dbm/crap704.11