Order on Board

23/08/2022

1. The present appeal has been preferred by the appellants against the judgment of conviction and order of sentence dated 25.05.2013 passed by the learned 7th Additional Session Judge, Raipur in ST No.13/12, whereby the appellants have been convicted and sentenced as under:-

Sr. No.	Conviction u/S	Sentence
1.	Section 147 of IPC	RI for 1 year
2.	Section 148 of IC RI for 1 year
3.	Section 342/149 of IPC	RI for 6 months
4.	Section 323/149 of IPC	RI for 6 months
5.	Section 307/149 of IPC	RI for 7 years with fine of Rs.500/- and in default of fine amount, additional RI for 3 months

All the sentences were directed to run concurrently.

2. Brief facts of the case are that on 06.10.2011 at about 8:45 pm when the complainant Prakash Yadav along with his friends Tilak Patel and Domar Yadav was coming to his home after watching Dussehera festival, then on the way the appellant Mukund Nishad met them and started threatening them on previous animosity, upon which the complainant and others came back to his house. After some time when the complainant party went towards appellant Mukund Nishad’s house for wandering, then also the appellant Mukund Nishad started using filthy languages against them, upon which the complainant along with one Gopal Yadav went to pacify the appellant Mukund, but the appellant Mukund along with other appellants took them inside the house and committed maarpeet with them by hand, fist, bamboo stick, iron rod etc. with an intention to kill them. At that time, Domar Yadav and Gopal Yadav were outside the house and they informed the incident to Khubiram Yadav and Kamlesh Yadav, upon which Khubiram, Kamlesh and Tilak Yadav went to mediate the dispute between the parties, but they were also assaulted by the appellants by stick, rod etc, as a result of which they sustained severe injuries. Thereafter, a report was lodged against the appellants. The injured were medically examined, spot map was prepared and the articles were confiscated and were sent for chemical examination. After completion of investigation, charge sheet was filed against the accused/appellants. The charges were framed under Sections 147, 148, 342 & 307 read with Sections 149 of IPC against the appellants.

3. In order to prove the guilt of the accused/appellants, the prosecution examined as many as 14 witnesses. Statement of the accused/appellants was also recorded under Section 313 of CrPC, in which they denied the circumstances appearing against them in the prosecution case, pleaded innocence and false implication. The accused/appellants examined one witness in their defence.

4. The learned Trial Court after appreciating the oral and documentary evidence available on record convicted the appellants, as mentioned in para 1 of this judgment. Hence, this appeal has been preferred by the appellants.

5. During pendency of this appeal, the complainants and the appellants arrived at a compromise, as such an application under Section 320 (2) of CrPC was filed on 15.07.2022 for compounding the offences stating therein that since the dispute between them has already been resolved amicably, therefore, the offences be compoundable, upon which the statements of the parties were directed to be recorded before the Registry vide order dated 28.07.2022. Thereafter, the statements of both the parties were recorded on 04.07.2022, wherein the complainants and the appellants have clearly stated that they have amicably settled their dispute, therefore, the application under Section 320 (2) of CrPC may be allowed and the offences against the appellants be compounded.

6. Learned counsel for the complainants submits that the appellants and the complainants are the residents of the same locality and with the passage of time, the parties have amicably settled their dispute outside the court and presently are residing peacefully without any enmity. Therefore, the application under Section 320 (2) of CrPC may kindly be allowed and the

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