Before Muhammad Jan, and M. R. Kayani, JJ.
The Crown – Appellant
MUHAMMAD HUSSAIN and four others – Respondents
Criminal Appeal No. 192 of 1949, decided on 23rd December 1949, from the order of Magistrate, 1st Class, Gujrat, dated 30th November 1948.
Criminal Procedure Code (V of 1898), S. 345 – Case under Ss. 324 and 148 Indian Penal Code – Allowed to be compromised by Magistrate – Accused acquitted of both charges – Acquittal under S. 148, Indian Penal Code, held illegal.
Where five persons were put on trial under Sections 324 and 148 Indian Penal Code and the Magistrate, allowing the whole case to be compromised acquitted the accused of both charges.
Held, that the statutory law is clear that an offence under Section 148 Indian Penal Code is not compoundable and therefore, the order of acquittal under that section is illegal and the accused be re-tired on that charge.
I. L. R. 46 Mad. 257; A. I. R. 1948 Pat. 58; A. I. R. 1941 Sind 186; and A. I. R. 1925 Lah. 464 relied on 20 I. C. 618 distinguished.
Shabir Ahmed, Advocate General, for Crown.
S. H. Jafri, for Respondents.