Offences under Section 307 of the Indian Penal Code, being non-compoundable under Section 320 CrPC, cannot be compounded post-conviction. However, an amicable settlement between involved parties may be considered by the court as a mitigating factor for the reduction of the quantum of sentence.

JUDGMENT :

A. BADHARUDEEN, J.

1. Conviction and sentence in S.C.No.390/2001 on the files of the Additional Sessions Court (Fast Track-I), Alappuzha imposed as per judgment dated 27.05.2006 are under challenge in this appeal, filed at the instance of accused Nos.1, 3 and 5 in the above case. State of Kerala is the respondent herein.

2. Heard the learned counsel for the appellants as well as the learned Public Prosecutor appearing for the State of Kerala. Perused the verdict under challenge and the trail court records.

3. Since this is a case where two political parties are involved, they will be referred as rival political parties hereafter. Similarly the parties in the appeal will be referred as `prosecution’ and `accused’ for brevity and convenience.

4. The prosecution case is that the accused persons arrayed in the final report committed the offences punishable under Sections 143, 147, 148, 294(b), 323, 324, 326 and 307 r/w 149 of the Indian Penal Code (`IPC’ for short).

5. The case of the prosecution is that at about 9.15 p.m on 13-6-2000, on Kainady- Era Public road in ward No.1 of Neelameroor Panchayat the accused persons out of their political enmity towards 28 year old Madhusoodhanan (injured), who owed allegiance to the rival political party, formed themselves into an unlawful assembly armed with deadly weapons, such as iron stick and hedge stake with the common object of committing rioting and committing murder of said Madhusoodanan. Then in prosecution of the aforesaid common object of the said unlawful assembly, the accused persons wrongly confined Madhusoodanan, and abused and attacked him with iron stick and hedge stake, on stating that he would be killed. The specific allegation is that the first accused beat Madhusoodanan with an iron stick on his face and left eye resulting fracture on his nasal bone and loss of his left eye sight, A2 beat him with a hedge stake, on the dorsal side of his body. A3 also beat Madhusoodanan on his left shoulder, stating that he would not allow Madhusoodanan to live, A4 gave a blow with his knee on his umbilicus part and A5 beat Madhusoodanan with a hedge stake on the left side of his head and above the left ear. But Madhusoodanan survived the attack. On these premises the prosecution alleges commission of the above offences by the accused persons.

6. The learned Additional Sessions Judge considered the case and secured the presence of the accused persons for trial. Thereafter, charges for the said offences were framed and proceeded with trial. During trial, PW1 to PW11 were examined and Exts.P1 to P19 were marked on the side of the prosecution. In addition to that, M.O1 iron stick also was marked on the side of the prosecution. DW1 was examined and Exts.D1 to D4 were marked on the side of the defense.

7. On meticulous analysis of the evidence, accused Nos.1, 3 and 5 were found guilty of the offences punishable under Sections 143, 147, 148, 294(b), 323, 324, 326 and 307 r/w 149 of the IPC and accused Nos.1, 3 and 5 were sentenced as under:

“Accordingly for their conviction under Section 307 r/w Section 149 IPC, the accused Nos.1, 3 and 5 are each sentenced to undergo Rigorous Imprisonment for a period of 5(five) years and to pay a fine of Rs.10,000/- (Ten thousand) each. In the default of payment of fine, the accused Nos.1, 3 and 5 shall undergo Rigorous Imprisonment for 6 (six) months each. For their conviction under Section 143 r/w. Section 149 IPC, the accused Nos.1, 3 and 5 are each sentenced to undergo Simple Imprisonment for 3 (three) months each. For their conviction under Section 147 r/w Section 149 IPC. the accused Nos. 1, 3 and 5 are each sentenced to undergo Rigorous Imprisonment for one year each. For their conviction under Section 148 r/w. Section 149 IPC, the accused Nos.1, 3 and 5 are each sentenced to undergo Rigorous Imprisonment for 2 (two) years each. For their conviction under Section 294(b) r/w. Section 149 IPC, the accused Nos. 1. 3 and 5 are each sentenced to undergo