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IN THE MADURAI BENCH OF MADRAS HIGH COURT
S.VIMALA, J.
Soundararajan and Ors. – Petitioner
Vs.
State through the Inspector of Police, Kandarvakottai Taluk – Respondents
Crl.RC.(MD)Nos.98 of 2008, 313 of 2008 and 65 of 2010
Decided On : 12.08.2015
Indian Penal Code, 1860 – Sections 147, 148 and 149 – Code of Criminal Procedure, 1973 – Section 320 – Order of acquittal – When the involvement of five or more persons in the occurrence itself is made doubtful, in a case involving constructive liability, whether it is safe to rely upon the improved version of witnesses that the number of accused participated were five or more. – Whether the acquittal of some of the accused persons, which would have the effect of reducing the number of accused persons less than five, would take out the case from the purview of Section 149 of the Indian Penal Code – Held, Under Section 320(4)(b) of Cr.PC, when the person who would otherwise be competent to compound an offence under this Section is dead, the legal representative, as defined in the Code of Criminal Procedure, 1908, of such person may, with the consent of the Court, compound such offence. – In this case also, even though the injured is dead, the legal representatives have filed this petition and it is maintainable. – Counsel for the accused would point out that already the first accused has suffered 7 months imprisonment and the second accused was in custody for one month. – It is also represented that the accused persons are ready to pay a sum of Rs.35,000/-as compensation to the legal representatives of the deceased / injured. – Compromise petition has been filed by the legal representatives of the victims and the accused. – The accused have stated before this Court that they have paid a sum of Rs.35,000/-as compensation to be distributed among the members of the victims family. – For the reasons already discussed, the petition filed under Section 320 of Cr.P.C., with regard to compromise, is hereby allowed, as per the terms mentioned therein, and the accused persons are acquitted of the charge under Section 324 IPC. – Criminal Revision Petitions Allowed
When the involvement of five or more persons in the occurrence itself is made doubtful, in a case involving constructive liability, whether it is safe to rely upon the improved version of witnesses that the number of accused participated were five or more.
2.Whether the acquittal of some of the accused persons, which would have the effect of reducing the number of accused persons less than five, would take out the case from the purview of Section 149 of the Indian Penal Code?
3.When the offence ultimately stood proved was not compoundable on the date of judgment and if it remained compoundable on the date of the offence, whether the compounding may be permitted (in respect of the offence under Section 324 IPC) after the coming into force of the Code of Criminal Procedure (Amendment) Act, 2005 (Act 25 of 2005) which was notified on 31.12.2009?
4.These are the issues raised in these revision petitions.
5.The revision petitioners are the accused persons 1 to 7 in Crime No.488 of 1999 of Kandarvakottai Police Station. The Trial Court, by the judgment dated 09.05.2006, found the accused persons guilty, in respect of various offences alleged against them and the sentence imposed upon each of them are given in the tabulation:
| Accused Persons | Section of the offence | Punishment Imprisonment |
| A-1 Soundararajan | 341, 148 and 307 IPC | 1 month S.I.; 6 months R.I.; 3 years R.I. with fine of Rs. 500/-in default, 1 month S.I., respectively. |
| A-2 Palanivel | 341, 148 and 307 IPC | 1 month S.I.; 6 months R.I.; 3 years R.I. with fine of Rs. 500/-in default, 1 month S.I., respectively. |
| A-3 Ramesh | 341, 148 and 307 r/w 149 IPC | 1 month S.I.; 6 months R.I.; 3 years R.I. with fine of Rs. 500/-in default, 1 month S.I., respectively. |
| A-4 Anbalagan | 341, 148 and 307 IPC | 1 month S.I.; 6 months R.I.; 3 years R.I. with fine of Rs. 500/-in default, 1 month S.I., respectively. |
| A-5 Ayyakkannu | 341, 147 and 307 r/w 149 IPC | 1 month S.I.; 3 months S.I.; 3 years R.I. with fine of Rs. 500/-in default, 1 month S.I., respectively. |
| A-6 Rengaraj | 341, 342, 147 and 307 r/w 149 IPC | 1 month S.I.; 3 months S.I.; 3 months S.I.; 3 years R.I. with fine of Rs.500/-in default, 1 month S.I., |
| A-7 Palanimanickam
| 341 IPC, 148 and 307 r/w 149 IPC | 1 month S.I.; 6 months R.I.; 3 years R.I. with fine of Rs. 500/- in default, 1 month S.I., respectively. |
6.The conviction and sentence as ordered by the Trial Court were confirmed by the Additional Fast Track Court, Pudukottai, by judgment dated 13.11.2007.
7.Challenging the conviction and sentence, these revision petitions have been filed.
8.Before looking into the grounds of revision, it is necessary to state the brief facts of the case.
9.The first accused Soundararajan, the second accused Palanivel and the third accused Ramesh, are brothers belonging to the same family. The sixth and seventh accused are brothers belonging to the same family. The fifth accused Ayyakannu is the father of whom the fourth accused is his son. They all belong to Kattunaval Village, Kandarvakottai Taluk.
10.On 25.05.1999, when the defacto complainant Kaliyaperumal was going towards the hospital, through the Market Street, all the accused persons, on account of previous enmity, as members of unlawful assembly, armed with deadly weapons, with the common objective of causing murder of Kaliyaperumal, attacked him indiscriminately shouting that he should be eliminated. Various individual overt acts are alleged as against each of the accused persons.
11.The injured witness has been admitted in the hospital by P.W.5 – Dr.Manimegalai who also issued Ex.P3-Wound Certificate. Subsequently, the injured has been treated at Thanjavur Medical College Hospital by P.W.4-
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