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N. V. RAMANA, SURYA KANT, ANIRUDDHA BOSE
MURALI – Appellant
Versus
STATE REP. BY THE INSPECTOR OF POLICE – Respondent
ORDER :
Leave granted.
2. These connected appeals have been preferred against the judgment dated 01.11.2018 of the High Court of Madras which upheld Murali’s (appellant in SLP (Crl) No 10813/2019) conviction under Sections 324 and 341 of the Indian Penal Code, 1860 (“IPC”) with a sentence of three months’ rigorous imprisonment, and Rajavelu’s (appellant in SLP (Crl) 10814/2019) conviction under Sections 307 and 341 of IPC and sentence of five years’ rigorous imprisonment.
3. The prosecution case, in brief, is that on 07.08.2005, one Senthil had a verbal altercation with Kumar (original accused no. 3) and Krishnan (original accused no. 5) during a volleyball match. The injured-victim (Sathya @ Sathiyajothi) came to the aid of his friend Senthil and opposed both Kumar and Krishnan. Thereafter at about 2:30PM on 09.08.2005, the appellants - Rajavelu and Murali (original accused nos. 1 and 2) along with Muthu, Kumar and Krishnan (original accused nos. 3, 4 and 5) cornered the victim and assaulted him. Murali allegedly struck the victim on his head with a hockey stick and Rajavelu tried to kill him by giving a neck blow with a Veechu Aruval (sharp-edged object), which was fortunately block
Section 320 of Cr.P.C. does not encapsulate Section 324 and 307 IPC under its list of compoundable offences. However, fact of amicable settlement can be a relevant factor for the purpose of reduction....
Compounding of offences – Courts cannot grant permission to compound non-compoundable offences on the basis of any sort of compromise between parties, except High Court under Section 482 of Cr.P.C. a....
The court established that a compromise between parties can influence sentencing, even in cases involving serious offences, provided it is considered alongside other mitigating factors.
The court may consider amicable settlements in non-compoundable offences for sentencing, reducing the sentence based on the absence of further disputes and the passage of time.
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