- (1.) LEARNED counsel for the petitioners is directed to implead Badri Vishwakarma and Bharat Lal Vishwakarma as opposite parties 2 and 3 respectively.
(2.) HEARD learned counsel for the parties. Perused IA No. 1383 of 2004 at flag 'A ' whereby parties in this revision have compromised the case and have also sought to leave of the Court for compounding the offence. Section 320 (6) of the Code of Criminal Procedure mandates that High Court or Court of Sessions acting in the exercise of its powers of revision under Section 401 may allow any person to compound any offence which such person is competent to compound under this section. Here in this case conviction is under Sections 323, 324, 147 and 148 of the Indian Penal Code. Section 323 is compoundable for which no leave of the Court is required. However, for Section 324 leave of the Court is necessary. So far Sections 147 and 148 of the Indian Penal Code are concerned, they are not compoundable but it is settled proposition of law that when substantial offence stands compounded then in that case offence under Sections 147 and 148 is not made out.
(3.) VIEWED thus, I accord leave to opposite parties 2 and 3 to compound the offence. IA at flag A ' for compounding the offence is hereby allowed. The impugned judgment of the learned Court below is hereby set aside and the petitioners, namely. Lakshman Vishwakarma, Dhananjay Vishwakarma, Shyamsunder Vishwakarma and Arun Vishwakarma are acquitted.;