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, The 3rd August, 2011. NAFR/m.p. ( Gopal Prasad, J.)