The court has the discretion to allow the compounding of offences based on the nature of the dispute and the settlement between the parties, as per the principles laid down by the Hon’ble Supreme Court.

JUDGMENT :

Learned defence counsel Mr. Yogesh Modi is appearing on behalf of the appellants. Learned APP Mr. Sanjay Kr. Srivastava is appearing on behalf of the State and learned counsel Mr. P.K. Mukhopadhyay is present on behalf of the informant.

2. At the outset, it has been jointly submitted on behalf of the parties that the appellant No.1 Jibalal Sao has expired during the pendency of this appeal on 05.12.2015 and to that effect, a counter affidavit has been filed on behalf of the State stating that appellant No.1 Jibalal Sao had died and the death certificate has been given by the Pardhan of Gram Panchyat, Kesodih, District – Giridih, Jharkhand and the photocopy of the said death certificate is the part of the counter affidavit, which is available on record. Further, it has also been stated in the counter affidavit that rest of the appellants namely Teklal Sao, Baleshwar Sao and Jagarnath Sao are alive and the notices have been duly served to them. Learned defence counsel Mr. Yogesh Modi appearing on behalf of the appellants also submitted that appellant No.1 Jibalal Sao has expired and the rest of three appellants are alive and it has further been submitted on behalf of the parties that since no close relative or kith and kin of the deceased appellant Jibalal Sao has come forward to continue with this appeal, let this appeal with respect to the deceased appellant Jibalal Sao be abated.

3. Accordingly, this appeal is abated with respect to the deceased appellant Jibalal Sao, and the rest of the appellants are renumbered in the cause title of memo of appeal.

4. Now this appeal will be heard for the rest of the appellants namely Teklal Sao, Baleshwar Sao and Jagarnath Sao as appellants no.1, 2 and 3 only.

5. This appeal is directed against the Judgment of Conviction and 6th order of sentence dated 10th July 2003, passed by learned Additional Sessions Judge, Giridih, in S.T. No.139 of 2001 / 16 of 2002, arising out of Birni P.S. Case No.29 of 2000, whereby and where under appellant No.1 Teklal Sao along with the deceased appellant Jibalal Sao were convicted for the offence punishable under Section 325 of IPC and sentenced to undergo two years R.I. whereas appellant No.2 Baleshwar Sao was convicted for the offence punishable under Section 324/34 of IPC and sentenced to undergo one year R.I. and the appellant No.3 Jagarnath Sao was released on executing bond of Rs.5,000/-with two sureties of the like amount each for maintaining peace and good behaviour for the period of two years.

6. The prosecution case in nut shell was that on 14th April 2000, the informant and her husband were repairing the roof of house. The informant herself was giving earthen tiles to her husband PW – 2, who was on roof. It is alleged that accused persons armed with Tangi and lathi came there and began to get the roof materials fallen and when the informant protested, they caught her hairs and got her fallen and thereafter accused Jibalal Sao (since dead) gave a Tangi blow on her head by causing bleeding, by which, she began to move restlessly. She further alleged that accused Jibalal Sao also gave Tangi blow on her head, accused Jagarnath Sao and Baleshwar Sao gave lathi blow on her left arm, and when her husband came down from roof, accused Teklal Sao gave a tangi blow on his head and others assaulted him on his whole body, by which, he fell down and became senseless. It has further alleged that Jagarnath Sao and Teklal Sao gave blows by their leg on the informant womb, which, caused her pregnancy of three months miscarriage. The cause of occurrence was stated in FIR was that the accused claimed land measuring one hath land encroached in her house by the informant party.

7. The fardbayan of informant was recorded by ASI M.I. beg of Birni Police station on 14.04.2000 at 20 hours, and case was registered vide Birni P.S. Case No.29 of 2000 u/s 448, 342, 427, 323, 324, 307, 313, 316/34 of IPC against the accused persons. After the investigation, charge-sheet was