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1992 Supreme(Bom) 459

B.V.CHAVAN
State of Maharashtra – Appellant
Versus
Raju @ Raya s/o Ramkaran Gautam and another – Respondent


JUDGMENT - B.V. Chavan, J.:---The State has challenged the order passed by J.M.F.C., Wardha on 14-12-1991 acquitting the accused by granting permission to compound offence under section 394 r/w 34 I.P.C.

2. Charge-sheet was filed against the respondents in the Court of J.M.F.C., Wardha on the allegation that on 20-3-1985, respondents entered one friends Restaurant and by giving threat to his life with a knife, they robbed P.W. 1 of a cash of Rs. 92/- from his counter and in the course of that transaction accused No. 2 also voluntarily injured P.W.1 when he tried to prevent them and thereby committed offence punishable under section 394 r/w 34 I.P.C.

3. It seems that on behalf of the prosecution an application Exh. 22 was made on 16-10-1991 to commit the case to the Sessions Court since the material before the Magistrate disclosed offence under section 397 r/w 34 I.P.C., which was exclusively triable by the Court of Sessions. In the meantime, before any order could be passed on this application, the matter was referred to Lok Nyayalaya for settlement. It appears that the accused and the affected persons before the Lok Nyayalaya for settlement. It appears that the accused and the affec




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