RAMCHANDRA SINGH Vs. STATE OF BIHAR
SUPREME COURT OF INDIA
STATE OF BIHAR
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(2.)The accused-appellants and few others were prosecuted on charges under sections 498a and 323 of the IPC. On trial, they are found guilty and sentenced to undergo simple imprisonment for one year and fine of Rs. 1000/- each for offence under section 498a and sentenced to simple imprisonment for six months each for offence under section 323 I. P. C. The appellants preferred an appeal. During the pendency of the appeal there was a compromise between the appellant and kamlesh Kumari Devi, the complainant. In view of compromise the appellants were acquitted of the offence under section 323 IPC but the conviction and sentence under section 498a IPC was maintained as it is not compoundable. Criminal revision preferred by appellants before the High Court was dismissed.
(3.)From the contents of the compromise application and affidavit dated 6.11.2001 sworn in by Kamlesh Kumari Devi it appears that complainant's marriage having been dissolved, she has remarried. Her grievance against the appellants is over. She has stated that she does not want to proceed against any of the appellants. She also admits that appellant nos. 1 and 2 are more than 70 years of age while appellant no. 3 is of 42 years and employed as safety officer in Coal india Ltd.
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