Mokoram And Others v. State Of Chhattisgarh

CHHATTISGARH HIGH COURT, BILASPUR NATIONAL LOK ADALAT Judge Lok Adalat : Hon'ble Smt. Justice Vimla Singh Kapoor Member Lok Adalat: Miss. Sharmila Singhai, Advocate. CRR No. 296 of 2004

1. Mokoram S/o. Rambharosh Kurre, Aged about 42 years,

2. Pardeshi S/o. Rambharosh Kurre, Aged about 48 years,

3. Achhcheram S/o. Rambharosh Kurre, Aged about 45 years,

4. Santosh Kumar S/o. Mokoram, Aged about 21 years,

5. Sammatlal S/o. Mokoram, Aged about 19 years,

6. Samaylal S/o. Rambharosh, Aged about 33 years, Both are occupation Agriculturist, resident of village Bade Gumda, Thana and Tahsil Gharghoda, District Raigarh (C.G.) ---- Applicants

Versus

State of Chhattisgarh Through District Magistrate, Raigarh District Raigarh (C.G.) ---- Respondent -------------------------------------------------------------------------------------------------------------- Appearance :

Applicants Mokoram, Pardeshi, Achhcheram, Samaylal and Santosh are present along with Shri Vimal Tondey, Advocate. Shri Neeraj Sharma, Govt. Advocate for the State. Complainant- Bhururam is present in person along with Shri G.V.K. Rao, Advocate --------------------------------------------------------------------------------------------------------------

ORDER

(Passed on 08th September, 2018) 1.

The applicants have been convicted under Sections 148,323 read with section 149 of the IPC by the Judicial Magistrate First Class, Gharghoda District Raigarh (C.G.) and the same is modified by the Second Additional

Sessions Judge, Raigarh (C.G.) in Cr. Appeal No. 48 of 2003 vide impugned judgment dated 17.05.2004, wherein the applicants are sentenced to rigorous imprisonment for six months for causing grievous hurt to complainant Karra, Setram and Bhururam and causing annoyance to them by using obscene words.

2.

Bhururam is the complainant and legal representative of deceased Karra. He is present in person before the Court and informed that his father Karra and brother Setram have died during the pendency of the appeal. 3.

As the offences are compoundable, therefore, with the permission of the Court, the offences are hereby compounded in view of Section 320(8) Cr.P.C.1973. The applicants are acquitted for commission of offence under Sections 148,323 read with section 149 of the IPC and conviction and sentence imposed upon the applicants by the trial Court is set aside. 5.

A copy of the docket (compromise arrived at between the parties) be sent to the Court concerned along with its record, if any, and a copy of the order passed today, forthwith.

Sd/ Sd/- (Vimla Singh Kapoor) (Sharmila Singhai) Judge - Lok Adalat Member - Lok Adalat High Court of Chhattisgarh High Court of Chhattisgarh Bilaspur Bilaspur Santosh