Crl.A.(MD).No.412 of 2016

BAIL SLIP

Arokiyasamy, Male, 40 years S/o Sebathiyar, Selvaraj, Male, 35

years, S/o Sebasthiyar and Johnson, Male, 21 years, S/o Susairaj,

Petitioners/Appellants/Accuse Nos. 1 to 3 are released on bail of

this Court order dated 01.12.2016 made in Crl MP(MD)No.10616 of 2016

in CrlA(MD)No.412 of 2016

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED :27.10.2021

CORAM:

THE HONOURABLE MR.JUSTICE R.PONGIAPPAN

Crl.A.(MD).No.412 of 2016 and

Crl.MP(MD) No.8208 of 2021

1.Arokiyasamy

2.Selvaraj

3.Johnson

... Appellants/Accused Nos. 1 to 3

-vs-

State,

rep by the Inspector of Police,

Vallam Police Station,

Thanjavur District.

(Crime No.219 of 2014) ... Respondent/Complainant

PRAYER : Criminal Appeal is filed under Section 374 of Cr.P.C., to

set aside the judgment and conviction dated 14.10.2016, by the

learned I Additional District and Sessions Judge (PCR), Thanjavur in

S.C.No.257 of 2015 and acquit the appellants.

For Appellant : Mr.P.Pethurajesh

For Respondent : Mr.M.Muthumanikkam

Government Counsel

J U D G M E N T

The present Criminal Appeal is directed against the

conviction and sentence, made in S.C.No.257 of 2015, on the file of

the I Additional District and Sessions Judge (PCR) Court, Thanjavur

on 14.10.2016.

2.The appellants are arrayed as accused 1 to 3 in the above

referred case. Before the trial Court, charges under Sections 294

(b), 325 and 307 IPC and 3(1) of TNPPDL Act have been framed against

the accused. After full-fledged trial, the learned I Additional

1/3

https://hcservices.ecourts.gov.in/hcservices/

Crl.A.(MD).No.412 of 2016

District and Sessions Judge(PCR Court) Thanjavur came to the

conclusion that the appellants are found guilty under Section 325

IPC and they were convicted and sentenced to undergo Rigorous

imprisonment for seven years and to pay a fine of

Rs.50,000/- each, in default, the accused was sentenced to undergo

one year simple imprisonment.

3.Being dissatisfied with the said findings, the appellants

are before this Court with the present Criminal Appeal.

4.When the appeal is posted for enquiry, the

appellants/accused along with the defacto complainant and the

injured filed Clrl.MP(MD) No.8208 of 2021, wherein, they prayed

permission to compound the offences, under which, they were

convicted.

5.No doubt, the offence under Section 325 IPC can be

compounded with the permission of this Court. More over, in Crl.A

No.1489 of 2012, dated 29.09.2021 in Ramgopal & another vs. The

State of Madhya Pradesh, our Hon'ble Apex Court has observed that,

even for the offence classified as non-compoundable, after

considering the evidence, the High Court is having power to record

the compromise under Section 482 of Cr.P.C.

6.Hence, applying the aforesaid ratio with the case on hand,

this Court after considering the evidence given by the witnesses

before the trial Court, came to the conclusion that this is a fit

case for recording compromise, thereby, the parties were directed to

appear before this Court.

7.Accordingly, today(27.10.2021), when the matter is taken

up for hearing, both the defacto complainant, the injured and the

appellants 1 to 3 are present before this Court. Mr.V.Pandiyan,

Special Sub Inspector of Police, Vallam Police Station, Thanjavur

District is present before this Court and identified the parties.

They were also identified by the respective learned counsel

appearing on behalf of them. Both the parties have filed joint

compromise memo, wherein, the defacto complainant and the injured

had prayed to acquit the accused from the conviction passed against

them by the learned I Additional District and Session Judge,

Thanjavur. Accordingly, in view of the above, since the parties to

the dispute have mutually buried their hatchet and also due to the

reason that the offence require to record compromise is a

compo