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1979 Supreme(All) 258

S.C.MATHUR
Chhotey Singh – Appellant
Versus
State of Uttar Pradesh – Respondent


S. C. MATHUR, J.

( 1 ) THROUGH this application the applicants have prayed for permission to compromise the offence.

( 2 ) THE applicants were prosecuted for having committed the offence punishable under Sections 307/149 of the I. P. C. They were convicted and sentenced to five years rigorous imprisonment. Against this conviction and sentence the applicants preferred appeal to this Court. By judgment and order dated 3-10-1978 I set aside the conviction of the applicants under Section 307 of the Penal Code; instead I convicted the applicants under Sections 323 and 324 of the I. P. C.

( 3 ) AFTER the above judgment had been signed by me the present application was moved by the applicants on 19-10-1978. Along with the application the applicants presented compromise which bore the signatures of the injured Ram Gopal and the present four applicants who were convicted by me.

( 4 ) THE above application has been opposed on behalf of the State by the learned Government Advocate on the plea that the judgment having been signed, this Court has become functus officio and no power of review having been conferred, this Court is not entitled to entertain this application at this stage.

( 5 ) THE



















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