- (1.) THIS is an appeal against the judgment and order passed by Sri M. P. Gautam, Magistrate 1st Class, Roorkee, district Sahranpur, acquitting the respondents of an offence under Section 323, I. P. C. , and Section 147, I. P. C.
(2.) THE facts, giving rise to this appeal, are as follows. Faiyaz, who is a resident of Sikandarpur, thana Fatehpur, district Sahranpur, lodged a report on 30-1-1965 at thana Fatehpur. The allegations in the report were that a nephew of Faiyaz was taking his bullocks to the field for ploughing. The bullocks damaged the crop of Aziz. The nephew of Faiyaz immediately drove out the bullocks, but he was slapped by Aziz and Idris. Faiyaz asked them not to slap his nephew. Thereupon all the respondents assaulted him with lathis. Faiyaz received a number of injuries. His injuries were medically examined. The Police registered a case against the respondents under Section 147, I. P. C. and Section 323, I. P. C. After completing the investigation, the police challaned the respondents. The parties filed a compromise for compounding the offence under Section 323, I. P, C. This compromise was verified and the trial Court passed the following order:-- "the injured complainant Faiyaz has compounded the offence under Section 323, I. P. C. against the accused. The accused are thus acquitted under Section 323, I. P. C. The charge-sheet under Section 147, I. P. C. has also been submitted. The learned counsel for the accused has relied upon the ruling cited in 1964-2 Cri LJ 111 (Pat ). The charge under Section 147, I. P. C. also jolts when the offence has been compromised by the injured. " Against this order, the State has come up in appeal to this Court.
(3.) IT was argued by the learned Assistant Government Advocate that the offence under Section 147, I. P. C. was not compoundable and the trial Court was wrong in acquitting the respondents of the offence under Section 147, I. P. C.;