Allowed

Nitish Mahto @ Kamlesh Kumar Rashmi v. The State Of Bihar

Patna HC7 Jan 2014CR. REV./718/2012

Case brief

AI extract

What is this about?

The High Court allowed the revision petition. Ruling that compounding of offences related to the common object of an unlawful assembly (Section 147, 148 IPC) rendered those sections unenforceable, the court quashed the conviction and discharged the petitioner.

What did the court decide?

Revision petition allowed; conviction and sentence under sections 147 and 148 IPC set aside; petitioner discharged.

Nitish Mahto @ Kamlesh Kumar Rashmi Vs The State Of Bihar — Cheque Dishonour | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Revision No.718 of 2012

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====================================================== NITISH MAHTO @ KAMLESH KUMAR RASHMI, S/O LATE JAGDISH MAHTO, RESIDENT OF VILLAGE- FARIDPUR, P.SDAIAWAN, DISTRICT- PATNA.

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.... .... PETITIONER/S

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VERSUS THE STATE OF BIHAR .... .... OPPOSITE PARTY/S ====================================================== Appearance:

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For the Petitioner/s : Mr. Ramchandra Sahni, Adv. For the Informant : Mr. Dharmesh Kumar Srivastava, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI CAV ORDER

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7. 07-01-2014

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1. Petitioner, Nitesh Mahto @ Kamlesh Kumar Rashmi along with others (not the petitioner) has been found guilty for an offence punishable under Sections 147, 148, 323, 149, 447, 427 of the IPC and has been directed to undergo S.I. for one month under the respective Sections with a further direction to run the sentences concurrently.

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2. After appearance of informant, as is evident I.A. No.1223 of 2013 has been filed in terms of compromise and the respective counsels have submitted that instant revision petition be allowed in terms of compromise.

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3. Heard learned counsel for the petitioner, learned counsel for the informant as well as learned Additional Public Prosecutor.

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4. The conviction as stated above has been recorded under Sections 147,148,323/149,447,427 of the IPC out of which 323/149, 447 and 427 are compoundable offences in terms of

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Section 320 of the Cr.P.C. and in the aforesaid background I.A. No.1223 of 2013 is accepted and allowed.

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5. Now coming to Section 147 and 148 of the IPC, it is apparent that both the sections are non-compoundable and consequent thereupon happens to be out of purview of Section 320 of the Cr.P.C. For that purpose the judgment impugned along with charge has been gone through. From the charge, it is evident that common object of an unlawful assembly was to assault the prosecution party after having criminal trespass. On account of compounding of Section 323 of the IPC the common object has evaporated and once the common object is found vaporized then, in that event, the assembly cannot be said to be unlawful. Consequent thereupon, in the light of acceptance of compromise petition in terms of Section 320 of the Cr.P.C. The enforcement of concurrent judgment to the extent of 147 and 148 is also found gutted. As such, instant revision petition is allowed. Successive judgments of conviction and sentence recorded by the learned lower court are set aside. Petitioner is on bail, hence is discharged from its liability.

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PATNA HIGH COURT DATED, THE 7^th day of Jan., 2014. PRAKASH NARAYAN

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(Aditya Kumar Trivedi, J.)

Nitish Mahto @ Kamlesh Kumar Rashmi v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Nitish Mahto @ Kamlesh Kumar Rashmi v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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