2008 (8) TMI 949

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....confirmed by the Sessions Judge, Hailakandi on May 26, 2003 and also confirmed by the High Court of Assam on July 31, 2007. 3. Few relevant facts of the case are that on June 15, 1995, according to the case of the prosecution, one Moinul Haque Laskar lodged a First Information Report (FIR) before the Officer-in-charge, Hailakandi Police Station. In the FIR, it was alleged by the informant complainant that his brother Abdul Haque Laskar had gone to cultivate land early in the morning at about 6.30 a.m. Eight accused as mentioned in the FIR armed with deadly weapons attacked Abdul Haque Laskar and caused grievous injuries on different parts of his body. On hearing hue and cry of the complainant Moinul Haque Laskar and his brothers, several p....

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....herefore, thought it fit to grant benefit of releasing them on admonition since they did not appear to have committed any offence in past nor they were involved in any offence. The learned Judicial Magistrate, however, convicted Abdul Subhan (accused No.1), Abdul Wahid (accused No.7), Abdul Kuddus (accused No.8) and Muslim Uddin (accused No.4) for offences punishable under Sections 147 and 324, IPC. For an offence punishable under Section 147, IPC, the learned Magistrate ordered the abovestated accused to undergo simple imprisonment for one month and a fine of Rs. 100 each, in default, simple imprisonment for five days. For the offence punishable under Section 324, IPC, he ordered them to undergo simple imprisonment for two months and a fin....

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....that the parties have compromised the matter, entered into settlement and an application is made to that effect praying therein that compounding may be ordered for offences punishable under Sections 147 and 324, IPC and an appropriate order in accordance with law may be passed. Compromise deed is also placed on record signed by the parties wherein it is expressly stated that the injured Abdul Haque Laskar has voluntarily given his consent without any force, threat, coercion, undue influence, pressure etc., from any quarter whatsoever for making the joint compromise petition before this Court. A prayer is, therefore, made by all the parties to compound the offence and acquit the three appellants who have approached this Court. 11. Now it is....

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....referred to in sub-sections (1) and (2) of Section 320 and not included in the Table are not compoundable. Similarly, offences punishable under laws other than the Indian Penal Code also cannot be compounded. 14. Sub-section (8) of Section 320 of the Code expressly enacts that where the composition of an offence under this section is recorded by the Court, it shall have effect of an acquittal of the accused with whom the offence has been compounded. 15. Under the Code, as originally enacted in 1973, an offence punishable under Section 324, IPC (voluntarily causing hurt by dangerous weapons or means) was made compoundable with the leave of the Court. The said entry read as under: TABLE Offence Section of the Indian Penal Code Applicable....