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Titan Pramanik and ors. Vs. Chintan Pramanik - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtKolkata
Decided On
Reported inAIR1929Cal96
AppellantTitan Pramanik and ors.
RespondentChintan Pramanik
Excerpt:
- .....the sub-deputy magistrate of bogra on charges under sections 147 and 325, i.p.c. the learned trial magistrate acquitted the accused persons under the former section but convicted them under section 325, i.p.c. and passed sentences upon them. against this conviction, there was an appeal to-district magistrate. while the appeal was pending it appears that the parties made up their differences and an application was filed before the court praying that the matter might be allowed to be compromised. this application was rejected and it is against this order of rejection that the present rule was granted. having regard to the fact that there was an acquittal on the charge under section 147, i.p.c. and to the circumstances set out in the petition, notwithstanding that the occurrence bore more.....
Judgment:

Chotzner, J.

1. The petitioners in this case were tried before the Sub-Deputy Magistrate of Bogra on charges under Sections 147 and 325, I.P.C. The learned trial Magistrate acquitted the accused persons under the former section but convicted them under Section 325, I.P.C. and passed sentences upon them. Against this conviction, there was an appeal to-District Magistrate. While the appeal was pending it appears that the parties made up their differences and an application was filed before the Court praying that the matter might be allowed to be compromised. This application was rejected and it is against this order of rejection that the present rule was granted. Having regard to the fact that there was an acquittal on the charge under Section 147, I.P.C. and to the circumstances set out in the petition, notwithstanding that the occurrence bore more or less a serious aspect, we see no good ground for withholding our consent to the compromise; The offence is a compoundable one. We accordingly exercise our powers in granting this permission. The rule is made absolute and the petitioners are acquitted.

Gregory, J.

2. I agree.


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