MURUGESAN Vs. GANPATHY VELAR

JUDGEMENT

(1.) We have heard learned counsel for the parties and perused the detailed judgment of the High Court. Keeping in view the finding recorded by the trial court, which on appreciation have been accepted by the High Court, in our opinion conviction of the appellants for offences under Sections 323/343/355 and 365, Indian Penal Code is well merited. Accordingly, we are not inclined to interfere with the order of conviction.

(2.) Mr. Sivasubramaniam, learned senior counsel appearing for the appellants submits that the parties have since compromised and have resolved all their differences and are now having cordial relations. This position is not disputed by learned counsel appearing for the opposite side. We, therefore, while maintaining conviction of the appellants under Sections 323/ 343/355 and 365, Indian Penal Code, reduce the substantive sentence to the period already undergone by them, but maintain the sentence of fine and imprisonment in default of payment of fine. We, however, direct that out of the fine paid, Rs. 25,000. 00 shall be paid to each of the two injured person.

(3.) With the above modifications, the appeal is disposed of.