T.P.S.Mann, J.

1. The appellants have filed the application (Crl. Misc. No. 61851 of 2006) for permission to compound offences under Sections 325/324/323/149 and 148 IPC. Offences other than under Section 148 IPC are compoundable with the permission of the Court. However, it is to be seen as to whether any offence under Section 148 IPC is made out in the facts and circumstances of the present case.

2. As per the prosecution, Arjan Singh appellant was armed with a toki at the time of the occurrence whereas Surjit Singh, Bikramjit Singh, Hardip Singh and Lakhwinder Singh appellants were carrying a soti each while Sarabjit Singh and Sukhchain Singh appellants were empty handed. Toki, in common parlance, is not a weapon. It is a house-hold implement kept by agriculturists and used for cutting wood. In any case, it cannot be considered to be a deadly weapon. Same is the position with soti, better known as stick. With the type of arms carried by the accused, as per the prosecution, it could not be said that they were armed with any deadly weapon. Once this Court arrives at such a conclusion it would be difficult to sustain the conviction of the appellants under Section 148 IPC. M